Safeguarding What Matters
Successions & Estate Litigation
Successions
Losing a loved one is a painful process and does not need to be made worse by dealing with cold lawyers and a complicated legal system. At Newman, Mathis, Brady, & Spedale we strive to provide bed side manner that makes the legal part of the process as easy as possible so that you can concentrate on grieving.
This is called succession (probate in other states). It is the process of settling a deceased person’s estate and distributing property after debts are paid. We always try to conduct the succession in the most efficient and cost-effective way possible. Sometimes successions can be completed without administration or simply by affidavit. Other times they must be fully administered.
Often, we represent executors and administrators as they administer the estate. We assist in collecting, inventorying, managing, and valuing the decedent’s assets. We then assist in selling succession property and negotiating with and paying creditors. We also prepare all necessary accountings and estate tax returns. Finally, we help you distribute the estate property to the heirs and legatees.
Other times, we represent heirs and legatees as counsel independent of the executor or administrator.
Estate Litigation
Unfortunately, sometimes successions and other estate matters turn ugly. Most estate attorneys are not litigators. The transactional nature of estate planning is often why they chose that area of law. When things get contagious these estate attorneys often pass the contested matter of to a litigation attorney at another firm. Most litigators, however, are not well versed in the nuances of trust and estate law. At Newman, Mathis, Brady & Spedale, our trial experience gives us the ability to litigate any of our transactional practice areas. And our estate experience means we will know the law. Hiring us to handle your estate litigation means you will have attorneys experienced in estates AND litigation. Our estate litigators only litigate trust and estate disputes. Some of the more common topics of estate litigation are fraud and undue influence, executor and administrator issues, other fiduciary issues, property and partitions, and general disputes among, heirs, legatees, or beneficiaries.