What is Probate Fraud Litigation?
Probate Fraud Litigation takes place when an interested party claims that there has been fraud in the probate process.
Probate is the process whereby the State recognizes a person to manage the deceased’s estate. Wills name Executors or Personal Representatives. Otherwise, if there is no Will, the State selects an Administrator.
Proving to the Judge That Fraud took Place
The judge can determine that Fraud took place only if he or she hears the proper evidence. You must provide the judge evidence in the form of documents and testimony. Gathering this evidence requires depositions, expert witnesses such as accountants, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to objections by the accused’s attorney. Our experienced Estate Litigation Attorney will walk you through every step of this complicated journey.
Examples of Probate Fraud Litigation
Probate Litigation takes place during this process if one of the following situations exist.
Administrator Appointments: If there is no Will and the family cannot agree on who should serve as Administrator. Disputes over who serves as Administrator result in a contested hearing. An experienced Probate Litigation Attorney exposes when someone lies to the hearing officer or submits fraudulent evidence; having an experienced Probate Litigation Attorney is vital. The decision maker only allows a short time for evidence and testimony. Improper procedures and evidentiary failures may result in the wrong person gaining control over the estate.
Executor Fraud: When an interested person believes the personal representative has committed fraud or overcharged the estate. Go to Executor Fees to learn more. An experienced Probate Litigation Attorney can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned. Go to Breach of Fiduciary Duty to learn more.
Formal Accountings: When an interested person believes the Executor or Administrator has committed Fraud a Probate Attorney can obtain the right to evidentiary discovery to prove the crime. Go to Formal Accountings to learn more.
Guardianship Fraud: When an interested party believes that a guardian has committed fraud the Estate Litigation Attorney can gather the evidence and bring the Guardian before a judge.
Trustee Removals: If a Trustee has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Trustee. See Trustee Removal to learn more.
Agent Under Power of Attorney Removals: If an Agent has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Agent. See Removal of Agents Under a Power of Attorney for more information.
Experienced, With Reasonable Prices, We Will Fight For You.
If you are involved in a Probate Fraud Litigation, our experienced Estate Litigation Attorney will make it easy for you to understand and provide top notch representation so you can make the best decisions for yourself and your family. Contact us for a free consultation!