Representation During Will Contests And Probate Disputes
In an ideal world, all wills would be clearly drafted, interpreted and honored; all trusts would be seamlessly implemented as written; the rights of beneficiaries and the wishes of decedents would be understood; and all parties would act in good faith.
In the real world, controversies do arise regarding wills and trusts because of ambiguities, competing interests or dishonest intentions. The probate litigation attorneys of Cushing & Dolan 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 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.