Legal Representation in Will Contests and Trust Disputes

Probate Attorney in Massachusetts & Rhode Island

Unfortunately, there are times in life when money can indeed be the root of all evil. This is particularly true with respect to wills and trusts where ill-motivated parties can cause quite a ruckus and wreak havoc if left unchecked. The reality is that when it comes to the creation and execution of a will, the parties who may ultimately be adversely affected may not be in a position at that time to challenge. With respect to the formulation and administration of non-institutionally governed family trusts, there is often little, if any, oversight. To the extent the trust calls for any oversight, such as requiring the trustee to submit a so-called "annual accounting," it is not strictly enforced, if policed at all. There is fertile ground for abuse to occur in these situations.

Given the complexities of probate disputes, it is not advisable for a trustee defending allegations of misconduct or an aggrieved beneficiary seeking redress to go at it alone. This principle counts double where the financial interests at stake are high. In an ideal world, parties would act in good faith and family members would not clash with each other. Regrettably, this is not always the case. When a controversy does arise, having competent legal representation to ensure that the case is properly handled could make the difference between a successful outcome and an unsatisfactory result.

D. Baker Law Group, P.C. handles a variety of disputes in probate matters, including the following:

  • Will contests based upon testamentary capacity, undue influence, and fraud
  • Contested guardianships and conservatorships
  • Breach of fiduciary duty and removal of personal representatives and trustees
  • Reformation of trusts
  • Petitions for partition of real estate

Move Forward with Peace of Mind!

Making a concerted, good faith attempt to settle a case without the necessity of stressful, protracted, and expensive litigation should always be the guiding principle with respect to any legal dispute. There could be no greater example of the importance of this principle than when family member is pitted against family member. The resolution, however, must be fair and practicable. While litigation should be the last resort, one must be prepared to vigorously prosecute or defend a case when reasonable attempts to settle have failed. When the situation arises, Attorney Baker is prepared to provide top-notch legal representation in these often entangled and emotionally charged disputes.

David M. Baker, Esq.- your Massachusets and Rhode Island Probate Law Attorney!

Ready to schedule your case evaluation? Simply call our firm today.