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Estate Planning & Litigation

Strictly speaking, “Probate” means that the decedent died with a Last Will and Testament, while “Administration” means that the decedent died without a Will, often referred to as dying “intestate.” Probate and Administration are two very similar proceedings. During both, a representative is appointed to manage the estate of the deceased individual with the goal of transferring assets to the beneficiaries of the estate. Even though Probate is often used interchangeably with Administration, the two are not the same.  


The timeframe to complete each process can be lengthy. Further, notice must be given to certain parties, not simply the beneficiaries. Creditors may be entitled to receive payment from the estate assets, and any applicable estate taxes must be satisfied. In some cases, objections may be made to the Will and a “Will Contest” can ensue. Such disputes can be time consuming and expensive. We are able to assist you in navigating the complex legal and financial considerations of the Probate or Administrative process.

 

A Will Contest is a type of lawsuit filed in the Surrogate’s Court to challenge the validity of a Last Will and Testament. At the Law Offices of Sandra N. Busell, we regularly represent heirs who feel they’ve been unfairly treated in a Will or disinherited altogether.  We also represent executors who have an obligation and fiduciary duty to defend a Will filed for Probate.