PROBATE & PROBATE LITIGATION
When a person dies, important estate matters such as changes in property titles and completion of tax forms must be handled. If the decedent executed only a will, neglected to transfer assets to his or her trust, or failed to sign any estate planning documents at all (no trust or will), then the decedent’s estate will likely be subject to probate if the assets of the decedent's estate include real estate or exceed $150,000. Probate is the court procedure that oversees the determination of succession, payment of debts, and transfer of assets following a person’s death.
Probate executors may be faced with challenges, such as the sale of real estate, legal claims against the estate, tax issues, and unsatisfied beneficiaries who threaten to sue. BOLD can help you overcome these obstacles and provide the expert legal advice that is needed when tackling the probate court process.
The jurisdiction of the probate court includes dealing with disputes in probate estates and trusts. Matters in probate are almost exclusively non-jury matters. Disputes can include all sorts of problems including contests of the will or trust (dealing with the competency of the decedent), the interpretation of the trust or will, issues regarding accountings including explanations by the trustee or executor, compensation of the trustee or executor, or any of a number of other matters.
BOLD has extensive experience representing trustees, executors, and beneficiaries. BOLD has also represented trustees/beneficiaries in bankruptcy court.