Disagreements can surface over the validity of a will, the meaning of trust terms, the handling of estate assets, or whether a fiduciary has acted properly. These disputes, known as probate litigation, can arise over a deceased person’s estate, a trust, or the conduct of an executor, personal representative, or trustee. In Massachusetts, they typically proceed in probate court rather than in a general civil session, since Massachusetts probate courts handle decedents’ estates, trusts, and guardianships and conservatorships.
Getting Answers Before a Dispute Escalates
A probate dispute does not always begin as full-scale litigation. Often, the issue starts with unanswered questions, missing information, or concerns about how money or property is being managed. Heirs of an estate or beneficiaries of a trust often may not even know what they’re supposed to be receiving. At Egan, Flanagan and Cohen, our Trusts and Estates attorneys work hand in hand with our Litigation group, combining deep knowledge of Massachusetts probate law with seasoned courtroom advocacy, so families get answers quickly and, when necessary, effective representation in court.
Trial-Ready Advocacy That Gives You Leverage
Egan, Flanagan and Cohen’s probate litigation team is among the only attorneys in Western Massachusetts who try these cases in court, and our reputation precedes us — trustees, executors and their counsel know we’re prepared to see a matter through to trial. That reputation gives our clients real leverage: disputes are often resolved on favorable terms precisely because the other side knows we won’t hesitate to litigate.
Protecting What You’re Due
We’ve represented individuals, families, charities and non-profits, and we make sure they’re getting everything they’re due under a will, trust, or estate plan, whether that means securing a fair accounting from a fiduciary, contesting a will that doesn’t reflect a loved one’s true intentions, or pursuing recovery from a trustee who has failed in their duties.
Probate Litigation Matters We Handle
- Will Contests
- Undue Influence and Lack of Capacity Claims
- Trust Disputes and Interpretation
- Breach of Fiduciary Duty
- Demands for Accountings
- Removal of Executors, Personal Representatives, and Trustees
- Mismanagement or Misappropriation of Estate and Trust Assets
- Disputes Over Estate Distributions
- Claims by Charities and Non-Profit Beneficiaries
- Guardianship and Conservatorship Disputes
