Probate Litigation

“Probate Litigation” is a term used to describe disputes relating to the administration of an individual’s probate estate. These disputes can involve a variety of issues, including, but not limited to:

Will, trust, and beneficiary designation contests, including:

• Will challenges;

• Breach of fiduciary duty claims against personal representatives;

• Surcharge actions against personal representatives;

• Accounting disputes; and

• Tortious interference with an expected inheritance.

Since founding the Law Offices of Daniel A. Seigel, P.A. in 2012, Attorney Seigel has centered his practice around these issues. Attorney Seigel prides himself in not only serving as a legal advisor to clients, but also a counselor, in navigating the emotional elements presented in each case.

Some of Attorney Seigel’s notable probate litigation matters have included: 

• Represented plaintiff in lawsuit seeking to invalidate estate planning documents as a result of testator’s lack of capacity and undue influence, resulting in favorable settlement for client

• Obtained the removal of an estate’s personal representative after demonstrating breach of fiduciary duty, and subsequently achieved favorable settlement on behalf of the successor’s personal representative.

• Successfully defended personal representative in lawsuit filed by disinherited individual, who alleged that will was invalid (petitioner eventually filed voluntary dismissal).

• Successfully represented estate beneficiary in litigation relating to trustee’s alleged failure to distribute estate funds and provide accountings.

• Represented plaintiff in litigation to invalidate trust, involving claim of intentional interference with inheritance expectation and undue influence, resulting in favorable settlement for client.

• Defended court-removed personal representative in surcharge action by court-appointed curator (in matter involving alleged misappropriation of estate assets).