The following are actions commonly brought in the Probate Court:

Will or Trust Contest: An existing will or trust is attacked by a dissatisfied beneficiary, generally on the grounds that the author was either incompetent to execute such a document, or otherwise that he or she was coerced into signing it.

Creditor's Claim:  It is typical for an individual to die owing money.  A creditor can bring a creditor's claim against the decedent's estate or trust within a very short time frame.  In addition to unpaid money debts, creditor's claims can often be filed for unpaid child or spousal support, or even on the basis of a contractual promise made by the decedent to another individual.  It is not unheard of for a person who provided care to the decedent without pay to make a claim against the estate or trust for the value of these services.

Petition to Compel Accounting:  If there is a question regarding the financial management of an estate or trust, a beneficiary has the right to ask the Probate Court to compel the executor or trustee to prepare and distribute an accounting.   Such an accounting would show all property of the trust or estate and its appraised value.  The accounting would also include an itemization of all income, expenses, trustee or executor fees, attorney fees, and the like.  This is a very useful procedure if a beneficiary is concerned about the way a trust or estate is being managed.

Petition to Remove Executor or Trustee:  In cases of gross mismanagement, a beneficiary can request that the Probate Court remove the executor or trustee.

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Copyright © 2008 Ronald E. Champoux, Esq.

The purpose of this web site is to provide general information on estate planning, family law and probate.  The laws on these topics are subject to change.   Nothing in this web site should be construed as legal advice.  If you have a specific legal problem, you should consult a lawyer.