Wichita Probate Litigation Attorneys Manage Will and Trust Challenges
Knowledgeable representation for estates and beneficiaries
Probate litigation is a formal legal dispute over a decedent’s testamentary documents, such as a will or a trust. Although necessary at times to ensure a just allocation of estate property, probate litigation can produce a lasting rift between members of the decedent’s family while depleting the estate’s assets. These circumstances make it very important that you retain experienced and reputable legal counsel. Bever Dye, LC is a long-established and highly-regarded probate litigation law firm. We offer reliable advice based on decades of experience. We work aggressively to resolve issues without litigation, but provide skilled court representation when a trial is necessary.
Experience resolving a wide variety of contested matters
Probate is the process by which the court validates a decedent’s will and clears the way for transfer of assets to beneficiaries. Probate disputes come in many forms:
- Will contests — An heir can challenge the validity of a will based on several factors, such as flawed execution, undue influence, coercion, incapacity, fraud and misrepresentation. The court can invalidate the will in whole or in part. When the court invalidates a will, assets must pass according to Kansas inheritance laws.
- Will and trust construction suits — An interested party requests that the court interpret the meaning of language in a testamentary document.
- Guardianship contests — These are suits to decide supervision of a person (called the ward) who does not have capacity to make legal decisions. A ward may be a child who lacks capacity due to age or an adult who has lost capacity due to unconsciousness or dementia, and has not done advanced planning or designated power of attorney.
- Trust modification and trust reformation suits — A formal request that the court correct terms of documents establishing a trust to implement the grantor’s wishes more effectively.
- Trust termination suits — A suit to dissolve a trust because its purpose has been fulfilled or because its purpose has become impossible to fulfill.
- Breach of fiduciary duty actions — This is a challenge to the management of a trust, citing substandard or unethical performance that has dissipated trust assets or otherwise damaged the trust. In many cases, fiduciaries can be held personally liable for losses to the trusts they oversee.
- Estate debtor/creditor issues — Before assets can be released to beneficiaries, the estate must settle affairs with debtors and creditors. This can involve collection actions against debtors and defense against creditors with specious claims.
Our attorneys are committed to developing the best strategy for fairly and expeditiously probating an estate. We resolve disputes through a variety of methods, including traditional negotiation, mediation and trial in state court.
Let our Wichita probate litigation attorneys handle your probate litigation
Bever Dye, LC represents beneficiaries, estate representatives and trust fiduciaries in a variety of probate litigation actions. We look for creative solutions to avoid expensive and divisive court battles, but litigate cases aggressively when a trial is necessary. Call us at 316.263.8294 or contact us online to schedule an appointment to discuss your legal concerns.
“Mr. Hughes masterfully turned a contentious opposition lawyer into a sniveling apologist by employing a superior knowledge of the law and unrivaled communication skills. It was perhaps the first time in my career that I felt embarrassed for the other side. I say “Bravo, Mr. Hughes.” Don’t hesitate to use this lawyer.”
– 5.0 Review ★★★★★
“I was looking for a lawyer for my fathers estate/probate. I came across Mr Hughes and hired him. He had great reviews. I am so lucky I found him. He responds very quickly. He went above and beyond with my case. Even put together my paperwork to sell my fathers house. He does what he says he is going to do. Great person and excellent lawyer. Highly recommended.”
– 5.0 Review ★★★★★