Probate Litigation

Probate Attorney, Wichita, KS
Managing Will and Trust ControversiesProbate and trust controversies, including litigation, involve legal disputes over a decedent’s testamentary documents, such as a will or a trust. The probate attorneys of the Bever Dye, LC, Attorneys At Law in Wichita, Kansas, represent beneficiaries, estate representatives and trust fiduciaries in a variety of probate actions. Our firm offers reliable advice based on decades of experience, and we work aggressively to resolve issues without litigation but provide skilled representation when such controversies cannot be easily resolved.
Areas of Expertise
Although necessary at times to ensure a just allocation of estate property, probate or trust controversies can produce a lasting rift between family members while depleting the estate’s assets. These circumstances make it very important that you retain experienced and reputable legal counsel. Our attorneys are committed to developing the best strategy for fairly and expeditiously probating an estate. We resolve disputes through a variety of methods, including traditional negotiation, mediation and trial in state court.

Will Contest
Will contests often arise when the testator’s bequests run contrary to the heirs’ expectations. Although an heir does not have the right to sue for disappointment, there are several grounds an heir can allege to invalidate a will in whole or in part.
Grounds for Invalidating a Will
The court can invalidate a will in whole or in part. If only part of the will is invalidated, the affected assets pass according to Kansas inheritance laws. If the court throws out the entire will, the entire estate is subject to the inheritance laws. To make sure your will or a loved one’s is valid, consult a reputable estate planning attorney. Grounds in which an heir can allege to invalidate a will include:
Breach of Fiduciary Duty
The administrator of an estate or the trustee of a trust has a duty to manage trust assets for the benefit of the beneficiary and to carry out the terms of the trust in good faith. Beneficiaries can bring breach of fiduciary duty actions to challenge probate administration or trust management, citing substandard or unethical performance that has caused some damage.
Questionable Performance Examples
In many cases, fiduciaries are held personally liable for losses to the trusts they oversee. If the trust loses value due to a breach, the fiduciaries may be required to reimburse the trust. Examples of questionable performance include:
Probate Litigation Attorneys
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The probate attorneys of the Bever Dye, LC represent beneficiaries, estate representatives and trust fiduciaries in a variety of probate actions. We seek to avoid expensive and divisive court battles but assist in litigating aggressively when a trial is necessary. Contact us at (316) 263-8294 or complete an online form to request a consultation.
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