Probate Litigation

When a family fights over what someone left behind.

A new will that appeared at the last minute. A sibling with power of attorney who won't account for the money. A trustee who treats the trust like their own. These disputes mix grief, family history and real money. They need a steady hand and a clear plan.

What I handle

  • Will contests, including undue influence and lack of capacity
  • Disputes with personal representatives, trustees and agents under a power of attorney
  • Trust and estate accounting disputes
  • Contested guardianships and conservatorships
  • Financial exploitation of an older parent, and recovering what was taken

How I approach it

I start with the documents and the money trail. Then I tell you what the evidence shows and what a realistic outcome looks like. Many of these cases settle once the facts are on the table. When they don't, I'm ready to try them in Probate Court or Superior Court.

How these cases usually go

  1. Case review. The will or trust, any earlier versions, the power of attorney, and whatever you have on the accounts. I'll tell you whether there's a case and what it would take.
  2. Get the records. Bank statements, medical records, the drafting lawyer's file. Probate cases are won on paper, and the paper has to be requested early.
  3. Pick the right forum and the right claim. A will contest is a formal proceeding in Probate Court. A claim against someone who drained an account may belong in Superior Court. Sometimes both.
  4. Mediation. Most families would rather settle than testify against each other. Once the records are in, I push for a resolution that holds.
  5. Hearing or trial. When a sibling won't account or a caregiver won't give the money back, we try it.
  6. The money. Recovering assets, removing a fiduciary, surcharging a trustee. A ruling that isn't enforced isn't a result.

Questions I get

Is there a deadline to contest a will? Yes, and it can be short. In general, probate proceedings must be started within three years of death, and a will that was informally probated has to be challenged within the later of twelve months after that probate or three years after death. Call before the window closes.

What is undue influence? Pressure that overcomes the person's free will. Under Maine law, when someone in a confidential relationship with the person receives a benefit from that relationship, the burden shifts to them to prove the transaction was entirely fair. That's often the whole case.

My sibling had power of attorney and the accounts are empty. An agent under a power of attorney owes duties and can be made to account. If the money went somewhere it shouldn't, it can be ordered returned.

The personal representative won't tell us anything. Heirs and beneficiaries are entitled to information and an accounting. A personal representative who won't do the job can be compelled or removed.

My parent needs a guardian and my brother is fighting it. Guardianship and conservatorship cases turn on medical evidence and on who can actually do the job. I handle both sides.

What will this cost, and who pays? Hourly against a retainer. In some cases the estate or the fiduciary who caused the problem ends up bearing the cost. I'll tell you what's realistic before you spend money.

When I say no

If the estate is small and the fight is about feelings, I'll say so. If you want to use the court to settle an old family score, I'm not the lawyer for that.

Trust administration

If you're a trustee, I also help you do the job right, from the first inventory to the final distribution, so the family stays out of court.

Tell me what's happening with the estate. Call (207) 373-9302 or use the contact button below.

Past results do not guarantee a similar outcome. Every case depends on its own facts.