Probate and Trust Litigation
Unfortunately, not all probate or trust settlements can be handled without disagreements. When a family needs an experienced probate litigation or trust litigation attorney, we are here to help.
Issues We Handle
Our firm has experience handling a variety of disputes. To name a few, we have handled:
Disputes involving the meaning or interpretation of a will or trust. We have represented both personal representatives and beneficiaries when a will or trust is unclear and the court needs to determine what it means.
Disputes involving breach of fiduciary duty. Personal representatives and trustees have legal duties to the beneficiaries when they act on behalf of the estate or trust. We have represented numerous beneficiaries when fiduciaries have used their position for personal gain or otherwise failed to administer the trust appropriately.
Disputes involving second marriages. When a person dies without a will and leaves a surviving spouse and children from a prior relationship, Wisconsin law divides property between the surviving spouse and the children in a way that often leads to disagreements. We have represented both spouses and children in ensuring they receive what they are entitled to in this situation.
Disputes involving missing or misappropriated property. We have represented personal representatives in recovering funds or other property belonging to a decedent that was taken from the decedent prior to the decedent’s death.
Disputes involving a decedent who may not have been competent or may have been acting under undue influence when executing a document.
Disputed claims. We have represented personal representatives in defending against claims made against the estate for funds that were not owed.
Disputes over who should serve as personal representative or trustee. In some situations, there is no will and no agreement within the family on who should serve as personal representative. In others, a dispute arises from an allegation that a named personal representative or trustee is disqualified from serving.
Disputes involving a family business that is owned in part or full by the decedent.
Our Approach
Our firm is unique in central Wisconsin in that we are laser focused on trusts and estates work, including contested matters. (Most firms are either focused on uncontested transactional work, or do general litigation work without a focus in any particular area.) This allows us to draw on deep experience in drafting documents, settling estates of all kinds, and litigating contested trusts and estates matters.
We also understand that estate litigation almost always involves unique family dynamics. It is one thing to feel wronged by a stranger; it is another entirely to feel wronged by a brother or sister or uncle or cousin. Even so, no good comes to our clients or anyone else from pouring gas on a fire. We protect our clients’ rights with disciplined, civil and direct advocacy that focuses on the issues at hand, not personalities.
Getting Started
The first step in any probate litigation or trust litigation matter is to schedule an initial consultation. That consultation is a chance for us to meet in person, discuss the situation, and determine if we can help.