Probate and Trust Litigation Practice
The Probate and Trust Litigation Practice of Crary Buchanan provides legal representation to individuals, trustees, and beneficiaries. Our experienced attorneys handle contested probate matters, contested trust matters, contested guardianship matters, and related real property litigation.
Our probate and trust litigation lawyers are dedicated to providing exceptional legal services and value to our clients -- whether the case is settled directly, in mediation, in arbitration, or in court. Crary Buchanan attorneys pride themselves on their many years of successful litigation experience.
In reviewing potential cases, our probate and trust litigation attorneys interview the client to hear that person’s perspective and history of the matter. Our lawyers review the estate planning documents and gather information. We share an interest with potential clients in pursuing only cases that have merit and that make economic sense.
To provide the best in service for probate and trust litigation cases, Crary Buchanan has working relationships with recognized expert witnesses in the trust services industry.
Contested Probate Proceedings
The experienced attorneys at Crary Buchanan represent personal representatives, beneficiaries, charities and potential heirs in the following areas:
- Will Contests
- Breach of Fiduciary Duty
- Probate Fraud
- Beneficiary Rights
- Elective Share Claims
- Abuse of Power of Attorney
- Joint Bank Account Litigation
- Pay on Death Disputes
- Last Will and Testament Disputes
- Estate Administration
- Probate
- Probate Litigation
- Undue Influence Claims
- Lack of Mental Capacity (Testamentary Capacity)
- Removal of Personal Representative
Contested Trust Proceedings
The experienced attorneys at Crary Buchanan represent trust beneficiaries and trustees in breach of trust and breach of fiduciary proceedings in the following areas:
- Failure to make proper and timely distributions
- Improper investments, asset allocation, and risk management
- Self dealing and conflicts of interest
- Excessive trustee compensation
- Interpreting ambiguous trust provisions
- Trust Litigation
- Trust Administration and accounting disputes
- Trust Reformation/Construction
- Trust Contests
Contested Guardianship Matters
The experienced attorneys at Crary Buchanan represent family members and individuals in contested guardianship proceedings in the following areas:
- Contested Guardianships and Conservatorships
- Examining committee disputes
- Guardianship of person disputes
- Guardianship of property disputes
- Preneed guardian disputes
- Power of Attorney disputes
Real Property Litigation
In connection with probate and trust disputes, The Probate and Trust Litigation Practice of Crary Buchanan handles certain types of real estate disputes. Our experienced attorneys represent parties in connection with the following types of real estate disputes:
- Homestead Determinations
- Joint Owner Disputes
- Partition Actions
- Disputes Between a Life Estate Holder & the Remaindermen
For more information, contact law firm partners James L. Bowdish or W. Scott Turnbull at 772-287-2600.
