Estate litigation arises when there is a dispute about the distribution of an estate's assets following the death of a loved one or family member. Unfortunately, our loved ones, particularly the elderly, can sometimes fall prey to the undue influence of someone looking to inherit their assets. Many questions can arise after a loved one dies. Perhaps you were unfairly cut out of a will or are concerned about other family members who may make a claim against the estate. Perhaps your loved one was not competent at the time he made or changed his will. Did a person with power of attorney truly act in the best interests of the estate's owner? Did the deceased truly give a gift, or was he under the undue influence of the recipient of that gift? Was the will truly signed by the deceased or has it been forged?
Estate litigation becomes complicated with the emotional issues arising among family members. Our attorneys can assist you in determining if there is a basis to pursue litigation involving a will contest, competency disputes, issues of undue influence and breach of fiduciary duty. We can help you determine whether you have a claim and discuss the pros and cons of proceeding with a claim, while making every effort to preserve family relationships. Likewise, we can assist you in dealing with those who make wrongful claims of entitlement against an estate. Contact Jacqueline M. Thomas, Esq. at jthomas@lacykatzen.com or 585.324.5717 or John T. Refermat, Esq. at jrefermat@lacykatzen.com or 585.324.5762.