Probate Litigation

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Bowditch & Dewey’s team has the experience and resources to handle all complex probate and trust controversies but with the personal approach that enables us to work on less complex matters. Our probate litigation practice consists of seasoned litigators and trust and estate lawyers who have extensive experience in the state and federal courts. In addition, Bowditch & Dewey’s interdisciplinary team approach enables clients to call upon the expertise of our real estate and business and finance attorneys when needed and to take advantage of alternative dispute resolution methods (such as arbitration and mediation) to resolve disputes when appropriate.

  • Will contests
  • Trust controversies including breach of fiduciary duty claims
  • Fiduciary (executors and trustees) appointment disputes
  • Fiduciary removal actions
  • Investigations and challenges to accounts in estates and trusts
  • Contested conservator and guardianship matters
  • Undue influence and diminished capacity cases
  • Financial exploitation claims
  • Trust reformation and addressing trust ambiguities or drafting errors
  • Trust terminations
  • Creation of trusts via court actions
  • Partitions of property
  • Involuntary psychiatric treatment, hospitalization and commitment
  • Complaints for instructions and actions for declaratory judgment
  • Alternative dispute resolution proceedings
  • Pre-litigation negotiation, fact-finding and settlement