The Brannon Law firm represents clients involved in probate litigation including: will and trust contests, fiduciary litigation, heirship determinations, inheritance disputes, wrongful death and survival actions, as well as representation through all stages of the probate administration process. The outcome means everything to clients, both financially and emotionally. We are aggressive and competent in navigating clients through the uncertainty of probate litigation.
In an estate, the trustee, executor, administrator or fiduciary all owe a beneficiary the utmost duty of loyalty in being fair and honest in protecting, administering and transferring assets pursuant to the law. If the fiduciary makes improper investments, unfairly transfers assets to improper parties, or receives excessive compensation, heirs and beneficiaries can take action. We will provide you with proper advice and counsel regardless of what position you hold—beneficiary, fiduciary, creditor, or otherwise.
We represent heirs, beneficiaries, creditors, incompetents and fiduciaries in numerous complex cases involving considerable estates and unusual situations. Those matters have occurred in the probate courts, common pleas courts, appellate courts, and the Ohio Supreme Court. We pride ourselves on our research and communication abilities in explaining your situation to the court and other interested parties. Please understand that timing is vital in raising claims related to estates and trusts. Do not delay in talking with one of our attorneys, or you may waive your right to challenge the fiduciary or the fiduciary’s actions. Contact our firm for a free consultation to learn about your legal rights if you have a dispute about a beneficiaries rights.
When consulted by clients regarding beneficiary disputes, our attorneys have utilized numerous courts, statutes, and cases in showing that our clients are the proper beneficiaries of assets. Like other areas of probate law, it is vital that clients take action as quickly as possible. Often times, transfers of assets are done before a competing claim can be made on the asset. It is typical that we initiate injunction and restraining order procedures to preserve the status quo, or prevent the transfer of assets. The second those assets are transferred, it becomes more difficult to collect on that asset, or you may even lose the ability to compete for that asset.
One of the first inquiries made is whether the asset is a probate or non-probate asset. “Non-probate” property transfers directly to a beneficiary upon passing of the decedent. Probate assets must move through probate court in order to transfer title to another beneficiary. We have successfully secured assets that were improperly withheld from our clients as beneficiaries regarding assets including:
- Individual Retirement Accounts (IRAs);
- Investment accounts;
- Life Insurance;
- Savings or Checking accounts;
- Real property deeds;
- 401(k)s;
- Joint or tenancy in common properties;
- Motor vehicles; and
- Residuary clauses.
This area of law is complex and crosses into other areas of the law. It may even involve multiple courts, including common pleas, domestic relations, and probate. Contact us immediately for a free consultation as to whether you have been excluded from an asset you believe the decedent intended on transferring to you, or that another is unlawfully withholding from you.