ESTATE LITIGATION

Disputes among survivors are often unpleasant. This circumstance sadly, could happen to you. Whether you are disinherited by a will or there is an objection to a will in which you are named as an executor or a beneficiary, Tabner, Ryan and Keniry, LLP has the experience and skill to help you through these complex issues efficiently and effectively. We are actively engaged in the representation of the interests of beneficiaries, objectants, attorneys and fiduciaries in connection with these matters. Our experience in these areas encompasses all facets of the dispute. In this highly technical area of the law, we represent client interests at hearings, trials and on appeals.

Estate Litigation Representation

• Will and Trust contests, both prosecuting and defending
• Initiating a Guardianship Proceeding
• Contesting a Guardianship
• Fiduciary duty disputes

WILL AND TRUST CONTESTS
Will contests typically arise when people are disinherited or a will describes an unintended or unexpected asset distribution. As a result, people often question the validity of the will and challenge the process by which it was developed. Tabner, Ryan and Keniry, LLP aggressively represents client interests in these matters.

Sadly, from time to time people make wills when they lack the required mental capacity to do so. Sometimes, they suffer from dementia, senility, Alzheimer’s disease or other mentally debilitating conditions which prevent the making of a proper will. We can help. Based upon our experience and results obtained for clients we know that the courts provide redress for these unfortunate circumstances.

In some instances, claims of lack of testamentary capacity, fraud, duress or undue influence are entirely unfounded. It is not uncommon for attorneys in our firm to successfully represent the defense of the estate, the Executor or the attorneys responsible for the drafting, preparation and signing of the will or trust. We soundly and aggressively prosecute the defense of these types of cases. It is not uncommon for us to lend support and assistance to a client’s long-standing family attorney or estate planning attorneys in this practice area. We work to protect and preserve that relationship and to ensure that a person’s intentions are enforced after they have passed away.

Initial consultation with an attorney in our firm relative to this practice area is free from any charges or fee.

CONTESTING OR INITIATING A GUARDIANSHIP
Tabner, Ryan and Keniry, LLP represents clients who desire to contest the need for the appointment of a guardian or those who wish to initiate a guardianship proceeding for a person in need of that intervention.

Over the years these proceedings have become significantly more complex. It is not uncommon for the proof to focus on detailed and specific medical records, medical doctor testimony, opinion evidence and precise standards establishing the proof required to prevail. Many of these proceedings involve competing medical theories and opinions. In this context our experience will establish your confidence that your interests are best represented. There are often significant issues relative to future care and treatment of incapacitated persons, costs of care, location appropriate for residence and the like. Please do not leave these important issues in the hands of the law without our careful representation.

FIDUCIARY DUTY DISPUTES
Executors, administrators and trustees are held responsible to act in the best interests of the estate. Unfortunately, there are circumstances when these people do not act properly or responsibly. Thus, a breach of duty may occur. Tabner, Ryan and Keniry, LLP uses its knowledge and experience to assist fiduciaries when performing their duties or challenging fiduciaries when they do not act properly.