![]() If you are involved in Probate Fraud Litigation, our experienced Estate Litigation Attorneys will make it easy for you to understand and provide top notch representation so you can make the best decisions for yourself and your family. We’ve seen it all, and this experience allows us to explain complex estate law clearly and concisely. Reasonable Prices | Years of Experience | We Stand With You and We Fight For You.įor more than two decades Klenk Law has focused only on Estate Law. If you have any questions about estate and trust litigation or any other estate law topics, please contact us to schedule a free consultation. See Removal of Agents Under a Power of Attorney for more information. If the judge finds the evidence compelling, he can remove the Agent. See Trustee Removal to learn more.Īgent Under Power of Attorney Removals: If an Agent has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Trustee. Trustee Removals: If a Trustee has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. Guardianship Fraud: When an interested party believes that a guardian has committed fraud the Estate Litigation Attorney can gather the evidence and bring the Guardian before a judge. See Elective Share of Spouse for more information Spousal Elective Share Fraud: When someone is falsely submitting a claim for Spousal Election. Go to Breach of Fiduciary Duty to learn more.įormal Accountings: When an interested person believes the Executor or Administrator has committed Fraud a Probate Attorney can obtain the right to evidentiary discovery to prove the crime. An experienced Probate Litigation Attorney can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned. Improper procedures and evidentiary failures may result in the wrong person gaining control over the estate.Įxecutor Fraud: When an interested person believes the personal representative has committed fraud or overcharged the estate. The decision maker only allows a short time for evidence and testimony. An experienced Probate Litigation Attorney exposes when someone lies to the hearing officer or submits fraudulent evidence having an experienced Probate Litigation Attorney is vital. Disputes over who serves as Administrator result in a contested hearing. Go to Will Contests to learn more.Īdministrator Appointments: If there is no Will and the family cannot agree on who should serve as Administrator. Will Contest: An interested person wishes to challenge the entire Will’s validity. Probate Litigation takes place during this process if one of the following situations exist. Our experienced Estate Litigation Attorneys will walk you through every step of this complicated journey. Gathering this evidence requires depositions, expert witnesses such as accountants, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to objections by the accused’s attorney. You must provide the judge evidence in the form of documents and testimony. The judge can determine that Fraud took place only if he or she hears the proper evidence. Proving to the Judge That Fraud took Place. Then, if all is in order, the Executor or Administrator pays a fee and receives documentation proving that she officially represents the estate. Or, if there is no Will, she verifies that the petitioner is a qualified Administrator. She then verifies the Will’s authenticity. Initially, the government official examines the death certificate to verify the person is dead. When no Will exists, Probate begins when an interested party Petitions the Register or Surrogate. ![]() Probate begins when the Executor submits to the Register or Surrogate the Will and death certificate. Otherwise, if there is no Will, the State selects an Administrator. Wills name Executors or Personal Representatives. Probate is the process whereby the State recognizes a person to manage the deceased’s estate. Probate Fraud Litigation takes place when an interested party claims that there has been fraud in the probate process.įirst, let me explain the Probate Process. Defending The Wronged, It’s What We Do! What is Probate Fraud Litigation? Our firm is one of the very few who focus on Estate Litigation surrounding Probate Fraud. ![]() Knowing the proper way to respond to these fraudulent documents or claims is a skill set learned only with years of experience. Probate Fraud takes place when someone submits an improper Will or false information with the intent to deceive.
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