Probate and Estate Administration
Probate
Probate is a court proceeding in which the court appoints a personal representative to administer a deceased person’s assets and debts. It is the official process that allows a deceased person’s bills to be paid and their property distributed to the rightful beneficiaries of the estate.
Torbet & Tuft’s probate and estate administration practice can help you effectively navigate the legal system when you experience a death in the family. We answer all your questions and work with you to put the most efficient strategy in place. If you need to open a probate matter, we draft the documents to get probate started, and navigate every step of the process with you. Sometimes it is not necessary to open a probate case to distribute assets, and we can guide you through that process as well.
An uncontested probate is usually handled from start to finish without anyone appearing before a judge, but there are a lot of forms involved, specialized terminology, and important deadlines. We help you start and manage the probate process until you are ready to properly distribute the assets and close the estate.
If find yourself involved in a contested probate, we can also help you navigate the litigation necessary to resolve any disputes.
Trust and Estate Litigation
If you are involved in a contested probate, we can help you navigate the litigation necessary to resolve any disputes. Our attorneys have experience successfully navigating will disputes and claims made by spouses and dependent family members for the family allowance, exempt property allowance, and elective share. We also have experience maximizing the statutory entitlements and assets available to family members in instances where the Estate may be subject to costly creditor claims.
We handle a variety of trust and estate litigation matters including:
- Will contests
- Claims against fiduciaries if a trustee, agent, or administrator breaches their fiduciary obligations
- Disputes over statutory entitlements such as the family allowance, exempt property allowance, and elective share
- Contested creditor claims
- Contested common law marriage claims
If you find yourself facing any of these concerns, call the experienced probate attorneys at Torbet & Tuft for a free consultation, or fill out the free case inquiry form at the bottom of your screen.