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Fisher & Sauls, P.A.
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Home > Practice Areas > Probate and Civil Litigation

Probate and Civil Litigation

Very few people want to be involved in a legal dispute. However, when a dispute arises, it is comforting to know that you have a skilled legal team on your side.

Our probate litigation team handles a variety of lawsuits and disputes arising from the estate planning that a decedent has done (or has not done). When probate litigation does arise, it is often in situations when there is sibling rivalry, a second marriage, a dysfunctional family, an estate plan that omits a child or other expectant beneficiary, or an estate plan that treats beneficiaries in the same class (for example, children or grandchildren) differently than one another. Probate litigation can also arise if estate planning documents, especially trusts, are overly detailed or give too little direction to the trustee or other fiduciary. A poor choice of fiduciary (for example, the person chosen disregards fiduciary standards, is disorganized, procrastinates, or otherwise fails to administer the estate plan in an expeditious, effective, and fair manner) can also lead to disputes and litigation.

Our civil litigation attorneys are able to assist you with any number of civil litigation matters, including landlord-tenant disputes, employer-employee disputes, and contract matters. Although you may not be able to prevent a lawsuit or dispute from arising, you can control who you choose to represent you during a stressful time.

Let us assist you in probate and civil litigation matters such as:

  • Challenges to the validity of a Will (for example, based on lack of mental capacity when the Will was executed or undue influence over the testator)
  • Challenges to the validity of a Trust
  • Disputes about the wording or construction of Wills and Trusts
  • Lawsuits to modify or reform a Trust
  • Lawsuits to terminate a Trust
  • Lawsuits by beneficiaries against a fiduciary (such as a personal representative under a Will, a trustee under a Trust, or an agent under a Durable Power of Attorney) for failing to act in good faith in accordance with the law or a legal document
  • Lawsuits regarding beneficiary rights
  • Lawsuit to remove a personal representative or trustee
  • Landlord and tenant disputes
  • Challenges to the validity of a contract (for example, based on claims of duress or forgery)
  • Disputes about the wording or construction of a contract
  • Lawsuits to terminate a contract
  • Employer and employee disputes
  • Disputes regarding non-competition agreements and confidentiality agreements
  • Breach of contract cases
  • Disputes alleging interference with business relations
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