Probate litigation and contested probate matters are a unique area of law.  Factual issues may involve medical questions, financial decision-making, and exploitation.  The laws at issue may be very technical.  Connecticut probate courts have jurisdiction over a broad range of matters, that are in addition to decedent's estates.  The Probate Courts also have their own rules of practice.  For these reasons, probate litigation has is different than, but has some overlap with, other types of litigation, such as commercial or injury, and "regular" trusts and estates administration.  We regularly represent individuals, families, and business in these disputes. Common types of contested probate matters in Connecticut include:

  • Will contests. In Connecticut, approval (or admittance) of a last will and testament is not automatic.  A party needs to submit it to the probate court to be admitted.  At this preliminary stage, another party may contest the validity of the last will and testament.  Common objections concerning the validity of a will include: fraud, undue influence, and lack of testamentary capacity.  Asserting an objection before the will is admitted is very important.
  • Disputes with a fiduciary.  A beneficiary or other interested party may take issue with how an executor or administrator is handling an estate.  The issues may include concern over self-dealing and mismanagement of estate assets.  This can often arise in the context of when an inventory, financial report, or accounting is filed.
  • Disputes with creditors.  Creditors have rights under Connecticut law to assert a claim against an estate.  The fiduciary may have reason to deny the legitimacy of a claim.  The creditor has certain requirements concerning how their claim is presented.  Other disputes may arise when an estate has multiple creditors, and insufficient assets to pay all estate administration expenses and claims.
  • Conservatorships. These matters involve the court appointing a legal decision maker for an adult.  This may be on a voluntary or involuntary basis.  If involuntary, medical evidence concerning the individual's inability to care for themselves or their financial affairs is required.  Family may disagree on who the appropriate legal decision maker should be, or the individual may be opposed to loosing some of their rights and autonomy.  Disputes involving someone's capacity can be very nuanced. 
  • Misuse of a power of attorney. During one's life, an individual can grant another (their agent) various authorities to manage their financial affairs through a legal document called a power of attorney.  Unfortunately, some agents misuse the power of attorney for their own benefit.  This can be a form of elder abuse or exploitation.  Agents can be compelled to account for their actions.
  • Trust disputes.  There are numerous types of trusts that people can establish during their live or once they have passed.  Connecticut adopted the Connecticut Uniform Trust Code, which is a series of laws that govern the construction, interpretation, administration, revocation, and reformation of trust instruments.

Please contact us to discuss your probate concern.