The probate process is challenging, especially when family members are still in the process of grieving and coming to terms with what happened. In Montana, probate law typically requires affected parties to complete court filings, notices, and audits before they can distribute the deceased’s estate and assets. During this process, issues like disputes can arise, often requiring mediation or even litigation. At Silverman Law Office, PLLC, our Dillon, MT probate litigation lawyers can handle the heavy lifting when you call us today!
Dillon, MT Probate Litigation Lawyers
Probate is stressful, and it can come with many complications and delays. Among these complications and delays, disputes are quite common. Contested wills are the first example of a dispute that can occur. Family members or attorneys may argue that the will was written with unclear language or that the will is invalid due to it being written under undue influence or that it was improperly executed. Even when such a claim has no substance, you may still need to legally address it.
Another dispute that can occur are disagreements related to a trust or estate. Usually, these disputes revolve around how to properly manage and distribute assets between beneficiaries, executors, and administrators.
Our Dillon probate litigation lawyers can provide guidance on how to handle disputes. Often, mediation is enough, and during this process we can settle disputes through negotiations. Sometimes the other side’s argument will have no legal basis, which we’ll push back on. However, if there does appear to be legal merit then we can mediate and help both sides compromise and come to an agreement.
Mediation and negotiations aren’t always enough, and we may need to explore litigation. Should this happen, we can represent you in court and advocate for your rights and interests.
Why Our Experience Makes The Difference
Disputes of any kind should be quickly dealt with, and our team having your back can ensure the best results.
- Combined, our attorneys bring decades of experience in handling all manners of the probate process. Our team is well-equipped to handle conflict resolutions and negotiations. Should litigation be necessary, we’ll provide an appropriate but aggressive strategy.
- As a senior attorney at our law firm, Chris Walker is an experienced litigator where he has represented plaintiffs, defendants, and intervenors in various cases. He loves being able to tackle legal challenges, thriving on complex cases. Before joining with us, he was an associate at Bosch, Kuhr, Dugdale & Brown in Havre, where part of his role involved litigating probate cases.
- We’re proud to have numerous testimonials from satisfied clients. Our clients appreciate our comprehensive process that includes regular updates and clear explanations. We always make sure to break down complex legal topics into knowable concepts. Our diverse team also means we can look at cases from various angles.
The probate process is challenging, but even more so when disputes arise. Dillon probate litigation lawyers can help you overcome any potential disputes. Call Silverman Law Office, PLLC today to discover how we can help!
The Role Of A Probate Litigation Lawyer In Complex Estate Disputes
When a loved one passes away, the expectation is that their estate will be distributed according to their wishes and the law. Unfortunately, disagreements often arise—especially when significant assets, complicated family dynamics, or unclear estate plans are involved. These disputes can quickly become emotionally charged and legally challenging. Our Dillon, MT probate litigation lawyer provides the specialized knowledge and advocacy needed to protect your rights and navigate the complexities of contested estates.
Understanding Probate Litigation
Probate is the legal process of validating a will, paying debts, and distributing assets after someone dies. While many estates move through probate smoothly, conflicts sometimes arise that require courtroom intervention. This is known as probate litigation.
Common issues include allegations that the will is invalid, disputes over the interpretation of ambiguous provisions, claims of undue influence or fraud, disagreements among beneficiaries, and accusations that an executor or trustee has mismanaged assets. High-value estates, blended families, business interests, or property in multiple states can make these matters even more complicated.
Investigating And Building The Case
Our probate litigation lawyer begins by conducting a thorough investigation. They review the will or trust documents, financial records, and correspondence to uncover potential inconsistencies or evidence of wrongdoing. If a will contest is involved, our attorney may gather medical records and witness testimony to evaluate the deceased’s mental capacity at the time the will was executed.
Because probate litigation often involves both factual disputes and nuanced legal arguments, our attorney’s ability to analyze complex financial data, family history, and state probate laws is crucial. They work closely with experts such as forensic accountants, medical professionals, and handwriting analysts to build a strong case.
Advocating In Court
When negotiations fail or when immediate action is necessary to protect estate assets, our probate litigation lawyer represents clients in court. They file petitions, respond to claims, and present evidence before a probate judge. Their goal is to ensure that the estate is administered fairly and that the decedent’s true intentions are honored.
In cases of executor misconduct—such as misappropriating funds or failing to provide proper accountings—the attorney can seek the executor’s removal and pursue legal remedies to recover lost assets. They may also request injunctions to prevent the sale or transfer of property while a dispute is pending.
Exploring Alternatives To Trial
Not every dispute needs to end in a courtroom battle. Our experienced probate litigation lawyer often works to resolve conflicts through mediation or negotiated settlements. These approaches can save time, reduce legal fees, and help preserve family relationships. Our lawyer’s understanding of both the law and family dynamics allows them to craft creative solutions that meet the interests of all parties while avoiding drawn-out litigation.
Protecting Your Rights And Your Loved One’s Legacy
Complex estate disputes can be overwhelming, especially when emotions are high and significant assets are at stake. Our probate litigation lawyer brings clarity, strategy, and strong advocacy to a difficult process. From investigating claims of undue influence to ensuring that executors fulfill their fiduciary duties, their role is to safeguard your inheritance and your loved one’s wishes.
If you are facing a contested will, accusations of mismanagement, or any other complex estate dispute, you don’t have to navigate it alone. Our Dillon probate litigation lawyers are ready to guide you through every step, protect your rights, and work toward a fair resolution. At Silverman Law Office, PLLC, we are here to help you.
