Probate Litigation at Pabian & Russell
We are pleased to highlight our probate litigation department this month. Our dedicated team consists of experienced attorneys and paralegals concentrating in guardianships, conservatorships, will contests, trust disputes and matters involving health care proxies and powers of attorney.
We work collaboratively with our clients and other professionals to ensure the approach to each and every case is thoughtful and strategic. In our guardianship practice, we work with families to navigate the court system and plan for the care of loved ones struggling with various medical conditions where self-care has become difficult and the individual is at risk. Our team specializes in working in situations where families disagree over the care of their loved ones, helping them come to a resolution or, if necessary, escalating the matter to litigation.
Below please find summaries of recent and notable cases:
- Successfully argued that a child’s father intended to have him included as a beneficiary of a trust even though the child was born after the creation of the trust.
- Avoided litigation with a skilled nursing facility by writing persuasive letters to facilitate the release of the elder from the skilled nursing facility to return living at her home.
- Won a single justice appeal while representing a conservator to allow her to sell real estate to raise funds for the elder’s care.
- Several cases of immediately obtaining an emergency appointment of a temporary guardian for incapacitated individuals ranging in a wide variety of ages and mental conditions.
- Successfully represented children against other family members in the father’s estate by proving they were their father’s children despite the fact that the father was not listed on the birth certificate and there was no DNA testing available.
- Protected a trustee by successfully arguing an opposition to a motion for real estate attachment by proving that the plaintiff had no likelihood of success.
If you have a question related to caring for a loved one or are facing a dispute over a will or trust, we invite you to reach out directly to a member of our probate group for assistance.