Probate Litigation is a matter that can be heard in either the Probate Court but sometimes can be filed in Superior Court. Probate Litigation is not for the faint of heart, the allegations and issues will encompass the heart and soul of a family's life! The functions of the family will be revealed as well as its disfunction.

In entering the Probate Court, you will want an experienced attorney who understands the Court, the legal issues, and the experience to present your case and prevail in Court. Attorney Kevin Diamond has practice in this forum with these issues for over 15 years. His past experiences as a as a forensic accountant and Certified Public Accountant, Investigator for the Massachusetts Securities Division, Investigator for the FDIC, all worked to hone his legal skills to help represent you.

The issues in Probate Litigation can include the Will Contest, Complaints for Instructions, Reformation of Trusts under the Massachusetts Equity Procedure, or Petitions to Partition.

The issues most often have to do with a Will Contest where one is opposing the appointment of the Executor as a Fiduciary or to the admission of the proposed Last Will and Testament of the Decedent.

This area of litigation requires knowledge of the Estate Planning process. It can be an expensive case to bring forward but often the Heir left out of the Will has no other option.

Reasons for attacking a Will include: fraud; undue influence; lack of formal requirements of a Will; lack of testamentary capacity; and lack of knowledge of the contents of the Will.

Bringing and/or defending a Will Contest will be an emotional event. The passing of a loved one is difficult enough without the struggle that will come when family members disagree with the content of a Will and the intent of the testator. Most often the allegations required to bring and sustain this type of action will be emotionally charged.

What you will need is an experienced attorney who is familiar with not only the estate planning process and litigation but someone who knows how to build a case for or against the party bringing or defending a fraudulent action. This is an area of law when other documents and facts need to be weaved into a comprehensive pattern to prove your case.

As an attorney who has a strong forensic financial background and experience in all types of financial fraud, I bring an unique prospective on to win cases where there are records and/or tax returns which can confirm or deny what the other side to the litigation has represented as the intent of the testator. And that is the single most important issue to the Judge on this type of matter. What is the "intent" of the testator and how to document it?

These type of cases may be taken on an hourly fee basis or if the circumstances warrant, a contingent fee arrangement may be considered. Please contact me to discuss you case as the initial meeting is free.

Kevin G. Diamond
Shea & Diamond, LLP

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