Representation During Will Contests And Probate Disputes

The probate litigation attorneys of Cushing & Dolan, P.C., can capably challenge the will or defend your interests in these complex and intense disputes. Serving Massachusetts since 1984, we represent fiduciaries and beneficiaries of estates and trusts, excluded heirs or fiduciaries in probate disputes. Contact our experienced lawyers to explore your rights and remedies.

Experienced Help And Comprehensive Care

Cushing & Dolan, P.C., handles the full spectrum of probate disputes and proceedings:

• Will contests and trust litigation (undue influence, testamentary capacity, validity, fraud, incompetence, conflict of interest)
• Valuation and disposition of assets
• Breach of fiduciary duty (self-serving, conflict of interest)
• Evaluation of trustee impartiality
• Contested conservatorship
• Tax controversies involving estates, trusts, and guardianships

Led by founding partner Leo J. Cushing, our probate litigation practice is well-qualified to interpret and litigate matters involving probate. Mr. Cushing is a former assistant attorney general and trial attorney for the Commonwealth of Massachusetts, as well as a forensic accountant and CPA with a master’s degree in taxation.

We are prepared to pursue an efficient and decisive resolution to such conflicts, and we are sensitive to family dynamics and privacy concerns. We do not fan the flames when the costly and public spectacle of litigation can be avoided through a negotiated out-of-court solution.

Our estate planning attorneys can also review or update trusts and wills to identify and prevent probate conflicts, especially after life events such as divorce, remarriage, a spouse’s death or business succession. We can also address concerns about recent legislation or court precedents that would affect your estate plan or your inheritance. For example, in 2005 the Supreme Judicial Court of Massachusetts ruled that an adopted child was not entitled to share in the estate like a natural child, since the law in effect at the time the trust was drafted did not provide that adopted children were treated as natural born.

Frequently Asked Questions About Probate Disputes

Many clients come to us with similar questions about probate and trust litigation. Below are answers to some of the most common inquiries.

What is the difference between probate litigation and trust litigation?

Probate litigation involves disputes during the court-supervised administration of a deceased person’s estate, typically concerning wills and assets that pass through probate. Common matters include will contests, disputes over executor actions and creditor claims.

Trust litigation involves disputes related to trusts, which are legal arrangements where a trustee holds and manages assets for beneficiaries. These disputes may include challenges to trust validity, trustee misconduct allegations or breaches of fiduciary duty.

The key distinction is that probate litigation occurs in probate court, while trust litigation may or may not require court involvement depending on the nature of the dispute and the trust terms.

How long does probate litigation usually take?

The duration varies based on case complexity, number of parties involved, court schedules and settlement negotiations. In Massachusetts, straightforward cases might resolve within six to 12 months, while complex disputes can take two to three years or longer.

Factors extending timelines include discovery disputes, expert witness needs, court backlogs, appeals and challenging family dynamics. Our attorneys work to move your case forward efficiently while protecting your interests.

Can probate disputes be resolved without going to court?

Yes, many probate disputes can be resolved without full-scale litigation. Alternative dispute resolution methods such as mediation and negotiated settlements are often effective in probate matters, with the vast majority of probate disputes settling before trial.

Mediation involves a neutral third party who helps facilitate discussion and compromise between disputing parties. This approach can preserve family relationships, maintain privacy, reduce costs and lead to more creative solutions than might be available through the court.

Our firm emphasizes exploring settlement options when appropriate, while still preparing thoroughly for litigation if necessary. We recognize that family dynamics and emotional factors often play significant roles in probate disputes, and we approach each case with sensitivity to these considerations.

What are the most common grounds for contesting a will?

In Massachusetts, will contests are commonly based on these issues:

• Lack of testamentary capacity: The testator did not understand the nature and extent of their property, who would naturally receive it, or the legal effect of signing a will.
• Undue influence: Someone exerted excessive pressure on the testator, overcoming their free will and causing them to make a will that reflects the influencer’s wishes rather than their own.
• Fraud or misrepresentation: The testator was tricked into signing the will or its contents were misrepresented to them.
• Improper execution: The will was not signed and witnessed according to legal requirements.

Each of these grounds requires specific evidence and legal strategies. Our experienced attorneys can evaluate the strength of potential will contests based on these and other possible grounds.

Experienced Boston Will Contest Lawyers

For more information, see articles written by our attorneys, or email or call 888-759-5109 to arrange a free consultation at one of our eight convenient offices in the Greater Boston area.