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Probate Litigation

Stratford Probate Litigation Lawyer

Probate is the legal process by which a deceased person’s estate is settled. There are times when thorny legal disputes can arise in executing someone’s will. When that happens, it may be valuable to have an experienced Stratford probate litigation lawyer on hand to work through the problems at issue. 

Get Good Advice & Guidance from Our Stratford Probate Litigation Lawyer

Attorney Thomas E. Brennan has been dealing with all the issues of probate and its attendant challenges since 2003. Tom understands the problems that may arise and is ready with constructive ways of working through them. 

From our offices in Stratford and Trumbull, Attorney Thomas E. Brennan brings his 20-plus years of experience to help his clients deal with challenging legal issues regarding personal assets. Clients dealing with probate litigation can feel confident in Tom’s studious approach to every case, and his attentive listening to the needs of each client he serves. Call today at (203) 806-9065 or reach out here online to set up a consultation. 

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Attorney Thomas E. Brennan has over 20 years of experience in probate and estate legal affairs that he is ready to leverage for your benefit. Learn how.

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What Happens in Probate Court in Connecticut?

There are several types of estate settlement that come before the Probate Court. One of them is when a person dies without having written a last will and testament. This referred to as intestacy. The court will have a set of guidelines prescribed by the state for how assets are to be distributed. Those guidelines may not correspond with what the deceased may have wished, and potential heirs can take legal action. 

When a person passes away with a will in place, Probate Court is still the venue where that will be executed. The fact the deceased put their wishes in writing may reduce the odds of a legal problem, but disputes can still arise. 

It’s also a possible that a person may have established a trust. Strictly speaking, a trust is not executed by Probate Court. In fact, a prime incentive for setting up a trust in the first place is to allow one’s heirs to avoid the probate process. But there are scenarios where the trust may not have been fully funded—perhaps because the deceased still needed the money while they were alive. Their will is the mechanism that moves funding into the trust, and that will must still be probated. 

Legal disputes among beneficiaries or potential heirs can be difficult, both legally and personally. Get the help you need by calling our Stratford probate litigation attorney at (203) 806-9065 or by filling out our online contact form to arrange for a consultation. 

Issues That May Arise in Probate Litigation 

Every situation has its own unique dynamic, but there are some legal issues that arise more often than others in Probate Court. Examples include…

  • Validity of the will: Was the deceased of sound mind and body when they wrote the will? This can be particularly applicable if changes to the will were made when the person was very close to death. Writing a will be oneself, rather than having an attorney do it can further invite this challenge. 
  • Ambiguity in the will: Is the language of the will such that no one can be completely sure what the deceased actually wanted? This is another issue that might be alleviated by having legal counsel involved in the drafting. Otherwise, the Probate Court will have to be the arbiter. 
  • Removal of an executor: The executor is the person in charge of administering the will. This includes paying off any debts the deceased may have owned, taking care of taxes, and distributing inheritances to the beneficiaries. Being an executor is a serious legal responsibility. Heirs that don’t believe the job is being handled well may initiate legal action to force a change. 

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Attorney Thomas E. Brennan has over 20 years of experience in Estate & Probate legal affairs, he is ready to help you.

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