Boston Probate Dispute Lawyer

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Boston probate dispute attorney Alan Fanger has represented clients in probate contests and estate disputes for nearly 40  years. He has been recognized for his tenacious advocacy by peers and as a Top Rated Estate and Trust Litigation Attorney by Super Lawyers and has received a 10.0 “Superb” rating by Avvo. He is a member of the American Bar Association and the Massachusetts Academy of Trial Attorneys. He offers a free consultation, Zoom/online meetings, and contingency fee representation (no fee unless compensation is obtained) for most cases.

Is Someone Trying to Deprive You of Your Rightful Inheritance? 

If so, I can help.

As a Boston probate dispute lawyer, I fight tenaciously for clients in seeking to help them gain the inheritance that they deserve.

If your inheritance is at risk through current (or anticipated) probate proceedings, it will be critical seek experienced probate counsel as soon as possible before assets are distributed, court judgments are made, or critical probate contest dates are missed.

If you’re facing possible disinheritance, I invite you to call me as soon as possible for a free, no-obligation consultation to discuss your case, get your questions answered, and learn about the options that you may have to challenge the distribution on your loved one’s estate. I represent many clients in probate contests on a contingency fee basis (a fee is payable only if I secure a settlement for favorable judgment), and I also advance all litigation costs (these costs are normally repaid through a settlement or verdict).

Let’s get started. Please call me at 617.332.3456 to schedule a free consultation and case evaluation.

In the interim, I invite you to read the information below about probate disputes and to also to check out our Massachusetts Will and Inheritance Dispute Guide.

Common Massachusetts Probate Dispute Issues

When a loved one dies, disagreements about the handling of the loved one’s estate can arise quickly and without warning. The disputes can concern how the estate is being administered, and (importantly) how the estate assets are to be distributed.

As a probate contest lawyer, I help clients with all aspects of probate disputes, including:

• The validity of a will.

The validity of a will can be subject to challenge on a number of grounds, including the lack of required formalities, undue influence, and the lack of testamentary capacity. I represent clients seeking to challenge the validity of a will when circumstances dictate that the will should not be found to be valid. See our Massachusetts Will Contest page.

• Asset division under a will.

If there is a will, there may be questions about how assets are to be divided. In these cases, I help clients protect their rights and interests in seeking to obtain the estate assets to which they are due. As an example, a decedent may leave “their car” to a specific person. What happens if the car owned by the decedent at the time the will was made was later sold and a new car was purchased – should that same person get the new car? Or what should happen if no car was purchased – should that person receive other assets?

• Intestate distribution.

If there is no will (or if a will is declared to be invalid), numerous issues can arise concerning who is entitled to receive assets. I represent clients seeking to make a claim against an estate in these circumstances. See our intestate distribution page.

• Probate administration management and conflicts.

Personal representatives often fail to properly administer an estate, which can negatively impact the value of estate assets, or (if they are also an estate beneficiary), they may favor themselves over other beneficiaries. I help clients by taking action against personal representatives when they engage in wrongful practices.

• Trust disputes.

Trusts are frequently used in Massachusetts estate planning, and disputes involving trusts often arise in connection with probate proceedings. Trust beneficiaries may challenge the conduct of a trustee who has breached their fiduciary duties, failed to make required distributions, or improperly administered trust assets. See our trust contest page.

• Joint Bank Account Disputes.

Disputes over joint bank accounts are among the most common and contentious issues in Massachusetts probate litigation.  A joint bank account created or modified near the end of a person’s life may be the subject of claims involving lack of capacity, undue influence, or outright financial exploitation. I represent those challenging improper joint account arrangements.

• Probate Account Disputes.

I also represent persons named in a will or trust in disputes over probate accounts.  Such disputes arise where the personal representative of an estate or the trustee of a trust files an account of the assets and liabilities of a will or trust with the court, and the client wishes to contest claimed liabilities such as attorney’s fees or the fees of the personal representative or trustee.

For more information, see Joint Bank Account Disputes.

The Geographic Scope of My Probate Practice

I represent clients throughout eastern, central, and western Massachusetts, including:

• The Greater Boston area, including Dorchester, Brighton, Brookline, Chelsea, Newton, Wellesley, Needham, and Dedham and the surrounding towns and communities
• Cape Cod and southeastern Massachusetts
• Central Massachusetts, including Worcester and the surrounding communities
• Western Massachusetts, including Springfield, Northampton, and the Pioneer Valley
• All other counties and communities throughout the Commonwealth

Regardless of where your probate dispute is pending in Massachusetts, I can evaluate your matter and represent your interests. I am admitted to practice before all Massachusetts courts.

My Experience and Philosophy as a Probate Contest Lawyer

I know what is at stake, and I fight tirelessly on behalf of clients.

Through nearly 40 years as a probate dispute lawyer, I’ve represented clients in a wide range of probate disputes and estate challenges. Through decades of representation, I am experienced in meticulously building cases for clients and working tirelessly against those seeking to deny them of their rightful inheritance. I am their voice.

Probate disputes are rarely simple, and they are never just paperwork. They are litigation matters that require a clear strategy, careful preparation, and the ability to follow through in court when necessary. Probate disputes have been a key focus of my practice since 1989.

I do not handle routine estate administration or any estate planning. Instead, I represent clients in disputes where estates are challenged, fiduciaries are questioned, or rights to inherit are in conflict. Every case I take is approached from a litigation-first perspective, with the understanding that preparation for trial is what ultimately drives meaningful results.

Why It’s Critical to Contact a Probate Contest Lawyer As Soon As Possible

In probate disputes and other litigation matters there are deadlines in Massachusetts (known as the statute of limitations) by which claims must be asserted. If claims are not brought by the applicable deadline, a person with such claims will lose the right to bring their claims before the court.

Importantly, in probate disputes, it’s also critical to retain a probate contest lawyer quickly, as the value of assets can be diminished as the result of not being managed properly or misappropriated from an estate.

Probate Dispute and Contest FAQs

Where are Probate Disputes Heard in Massachusetts?

In most cases (other than trust disputes), probate disputes are handled in Massachusetts by the Probate and Family Court.

Probate court is a specialized branch of the Massachusetts judicial system dedicated to handling probate matters, including the administration of a deceased person’s estate. When someone passes, the probate court oversees the legal process of validating wills, appointing personal representatives, and ensuring that assets are distributed according to the decedent’s wishes expressed in their will (or, if no will exists, in accordance with Massachusetts probate laws). This process can be complex, especially when disputes arise among heirs, beneficiaries, or other interested parties.

What Does A Probate Litigation Attorney Do?

Probate litigation attorneys represent clients in contested estates, such as those involving will contest and intestacy matters. My practice covers a wide range of probate disputes, including contested estate administration, trust litigation, and fiduciary litigation involving allegations of undue influence, fraud, or breach of fiduciary duty. I represent clients by advocating for their interests and working to achieve favorable outcomes through negotiation, mediation, or trial.

A key part of what I do is to work closely with each client to understand their unique concerns and objectives. By identifying potential issues early and developing creative solutions, I help clients navigate the complexities of probate litigation with confidence. My experience in Massachusetts probate law and litigation strategy allows me to investigate claims thoroughly, gather and present evidence effectively, and challenge improper conduct by personal representatives, trustees, or other parties involved in the estate.

In cases where undue influence or self-dealing is suspected, I seek to uncover the facts and to build a strong case to protect my clients’ interests. In some cases, it will be critical to seek an injunction or other legal remedy to stop wrongful practices being taken by a personal representative or trustee.

Regardless of the underlying claim, I provide personalized attention and committed advocacy to all clients. My goal in every case is to resolve the dispute as efficiently and effectively as possible while keeping my clients informed and engaged at every step.

How Does Intestacy Affect the Probate Process?

When a person dies without a valid will in Massachusetts, estate distribution is governed under the state’s intestacy statutes. In these situations, multiple people may come forward claiming the right to inherit, or rightful heirs may be overlooked or excluded.

I represent clients seeking to establish their rightful heir status under intestacy law, as well  clients seeking to protect their interests against meritless probate claims. For more information, see Massachusetts Intestate Disputes.

How Are Probate Disputes Resolved in Massachusetts?

Most probate disputes in Massachusetts are resolved through negotiation between the parties and their legal representatives before a case reaches trial. In some cases, mediation provides a structured opportunity to reach a resolution that is acceptable to all parties.

In addition to mediation, in some cases the parties to a probate dispute may agree to a binding arbitration. An arbitration is much like a trial, except that the parties can agree to the rules that govern the proceeding.

Lastly, trial is always an option if other options do not reach in a resolution.

What Should All Clients Involved in a Probate Dispute Understand?

There are a few things I encourage every client to understand from the outset of a probate dispute matter, including:

• Every case will have an outcome. Negotiating a mutually acceptable resolution is almost always preferable to leaving the final decision to a court.
• Taking a matter to trial can be time-consuming and costly. A successful trial outcome can still result in a depleted estate if litigation costs are not carefully managed. It is critical to work with an experienced probate dispute attorney at the outset who can challenge improper estate administration.
• Being right about your legal position does not guarantee a quick resolution. In legitimately contested probate disputes, there are rarely shortcuts in the litigation process.

While negotiated outcomes are usually preferred, in some cases this is not possible. In these situations, as an experienced probate dispute trial lawyer, I am always fully prepared for trial. And, if I am representing you on a contingency fee, you will not need to be concerned about paying me before and during trial, as I will only receive a fee if compensation is obtained for you.

What is Involved in a Probate Dispute in Massachusetts?

A probate dispute arises when heirs, beneficiaries, creditors, or other interested parties disagree about the validity or administration of an estate. These disputes are heard in the Massachusetts Probate and Family Court and can involve challenges to how a personal representative is managing the estate, claims by excluded heirs, disputes over jointly held accounts, and conflicts between trust beneficiaries and trustees. As a Massachusetts probate dispute attorney, I can evaluate your specific situation and advise you on your available options.

How Long Do I Have to Bring a Claim in a Massachusetts Probate dispute?

The timeline to bring a probate dispute in Massachusetts is limited, and the exact deadline depends on the type of claim involved. Some claims must be filed within a relatively short window, and missing that deadline can permanently prevent you from pursuing your rights.  As an example, the deadline for challenging a will is the date set forth in the “citation” issued by the court that heirs and others receive from the attorney for the party seeking to have the will admitted to probate.  Challenges to trust-related transaction typically need to be brought no later than a year after the date of death,

In addition to the statute of limitations, it is also critical to being probate challenges promptly. Estate assets can be distributed, transferred, or depleted while a dispute is developing, which can make recovery more difficult or, in some cases, impossible. Waiting too long can significantly weaken your position, even if your claim is otherwise valid.

Seeking probate litigation counsel quickly will allow you to preserve your rights, take action to protect estate assets where necessary, and determine the most effective course of action moving forward.

What are the Most Common Grounds for a Probate Dispute in Massachusetts?

The most common grounds for probate disputes in Massachusetts include allegations that a personal representative has mismanaged or misappropriated estate assets, disputes concerning the meaning of a will or the intention of the testator, claims by heirs who were excluded from an estate or believe they are entitled to a larger share, disputes involving joint bank accounts that were changed near the end of a person’s life, and claims by trust beneficiaries that a trustee has breached their fiduciary duties.

Legal challenges to the validity of a will are also a frequent source of probate litigation in Massachusetts. These matters often focus on grounds such as undue influence, lack of testamentary capacity, or improper will execution, and they require strong evidence and effective legal strategy to pursue or defend successfully. Gathering and preserving relevant evidence is a critical early step in any probate dispute of this kind.

Will My Probate Dispute Go to Trial?

A large percentage of probate disputes in Massachusetts are resolved through negotiation or mediation before they reach trial. My first focus is always on achieving a favorable negotiated outcome in a cost-effective and timely manner. Where settlement is not possible, I am an experienced trial attorney with a strong track record in the Massachusetts Probate and Family Court and at the Massachusetts Appeals Court.

Does the Losing Party Have to Pay Attorney Fees in a Massachusetts Probate Dispute?

In most Massachusetts probate disputes, each party is responsible for their own legal fees. This is known as the “American Rule,” and it applies unless a specific exception allows the court to shift fees from one party to another.

There are circumstances where attorney fees may be awarded. In cases in the Probate Court, a judge may award attorney’s fees “where justice and equity so require.”  Over the years our appellate courts have interpreted this phrase to mean that the losing party may be ordered to pay attorney’s fees even if its legal position was not found to be frivolous.

In appropriate cases, I have successfully pursued fee awards on behalf of my clients, including obtaining a decision from the Massachusetts Appeals Court requiring the opposing party to pay all of my clients’ legal fees. While fee recovery is not the norm, it is an important consideration in certain probate disputes and one that should be evaluated early in the case.

Can a Joint Bank Account be Challenged as Part of a Probate Dispute?

Yes. Joint bank accounts created or modified shortly before a person’s death are frequently subject to challenge in Massachusetts probate proceedings. If you believe that a joint account was established through undue influence, lack of mental capacity, fraud, or financial exploitation, I can evaluate whether you have grounds for a legal claim and represent your interests in court. For more information, please see joint bank account disputes.

How Can I Choose a Probate Dispute Attorney in Massachusetts?

When selecting a probate dispute attorney in Massachusetts, look for someone with specific experience in probate and estate litigation, not just estate planning. The two disciplines are very different.

A probate dispute attorney should have trial experience, a track record of handling contested matters in Massachusetts Probate and Family Court, and a reputation for keeping clients informed and working collaboratively to develop an effective strategy. Local experience in probate litigation matters is also critical.

What Clients Say About Probate Litigation Attorney Alan Fanger

★★★★★   D.R.  |  Google Review

Alan Fanger is a highly-skilled, caring probate attorney. In a short interview, he is able to discern the essence of a legal problem. He expresses the solution and proceeds wisely. He has an excellent speaking presence.

★★★★★   David  |  5-Star Avvo Review  |  Probate Client

I contacted Alan on a probate matter that I did not understand. He was incredibly warm, responsive and a consummate professional. I found his guidance and approach to always be in my best interest. Alan is one of those attorneys that ANYONE would benefit from his counsel. There are not enough superlatives to describe how well he serves his clients as well as his profession.

★★★★★   E. Golden  |  Avvo Review  |  Trust Beneficiary Client

Alan is an experienced, highly skilled and effective litigator who skillfully worked with me to protect and enforce the rights of a trust beneficiary. He managed the case in a way that was cost-effective and led to an appropriate conclusion. I was very pleased by the experience.
★★★★★   Jennifer  |  Client Review

Alan did a wonderful job for us in a very hard situation. He communicated very well and always was able to get back to us the same day. There is no one better.

★★★★★   Michael  |  Client Review

Having to go through litigation was a difficult time for me as I did not know what to expect and Alan turned out to be a blessing. I was able to get through it knowing he was involved and looking out for my best interests.