Probate Litigation

Matters in the probate side of the Probate and Family Court, such as guardianships of a minor child and will contests, are often more than just legal disputes. Some involve family conflicts which date back years. Many are emotionally charged due to the personal relationships of the people involved. While in some instances probate disputes can be resolved by agreement, sometimes these conflicts end up in court.

Because probate disputes are inherently private in nature, they must be handled with sensitivity and a commitment to protecting the rights of everyone involved. If you are in a situation requiring probate litigation in Massachusetts, contact Ouellette Family Law for the help you need.

Probate Litigation in Massachusetts

Will and Trust Disputes

Wills and trusts are used to ensure that a person’s wishes concerning the disposition of their assets will be carried out when they die. A lack of clarity in the documents or concerns about the circumstances under which they were made can give rise to legal disputes. These include will contests or claims to rescind a trust when the party who signed the document lacked testamentary capacity or was subject to undue influence. Disputes may also arise if documents have been forged or if they are the product of fraud.

Claims for breach of fiduciary duty may arise when a personal representative or administrator of an estate is not fulfilling their duties or when a trustee has mismanaged the assets of the trust. There may also be disputes between family members about the disposition of assets when there is no will and property passes instead according to the laws of intestacy.

Whether you are a personal representative or administrator, a trustee, an heir, or a beneficiary, Attorney Linda Ouellette can help you understand your rights and legal options and advocate for your interests in probate court.

Guardianship Matters

The probate court can appoint a guardian for an incapacitated adult who cannot care for him or herself or for a minor child whose parents are unfit to care for them. Both are sometimes referred to as a ward. The relationship of the people involved can make a resolution challenging, especially when there are disagreements about what is best for the ward. There may be more than one person seeking to be appointed as a guardian. Or, the fitness of a child’s parents may be in dispute. There may be concerns about whether a ward’s assets are being mismanaged, which may give rise to the appointment of a conservator, in addition to a guardian, to manage the ward’s assets.

How Ouellette Family Law Can Help

Attorney Linda Ouellette has years of experience representing parties on all sides of a guardianship dispute and she approaches these matters with the compassion they deserve. She understands that, whenever possible, it is best to resolve these sensitive matters outside of the courtroom. However, her extensive experience in the courtroom allows her to advocate effectively when a dispute needs to be resolved in court.