Serving the communities and surrounding areas of Canton and Akron, Ohio.
Ohio Probate & Fiduciary Litigation
Do you have an Inheritance or Estate Dispute? Did someone mishandle a Trust? Did you receive less than your Fair Share?
Whether it’s contesting a will, an argument among members of a family or a dispute to a trust, claims regarding fiduciaries and contests to wills and trusts are rising.
Probate litigation has its challenges and unique rules which requires unique expertise and experience.
Layman, D’Atri & Associates, LLC uses an interdisciplinary approach to resolving issues and problems that arise in the administration of estates and trusts. Our experienced attorneys have represented numerous individuals, trustees, executors, and administrators, as well as beneficiaries, providing them with results covering a wide range of litigation and fiduciary issues, such as:
- Contested wills and trusts
- Contested accountings
- Claims against trustees or fiduciaries
- Concealment or theft of assets
- Trust interpretation
- Improper pre-death gifts and transfers
- Undue influence claims
- Trustee and executor replacement and removal
- Estate representation
- Estate and gift tax disputes (Federal and State)
- Estate & trust administration disputes
Our firm has the skill and experience needed to navigate the Probate Court and IRS rules, regulations and procedures.
Although we are always prepared to take a case through to trial, we understand and recognize that disputes relating to probate and trust administration are often emotionally charged and are private in nature. We make it a top priority to inform our clients about the benefits or the risks, and costs of litigation, as well as offer alternative solutions when possible. If our clients choose to proceed with litigation, we keep our clients informed of the potential advantages and disadvantages of alternative resolutions or settlement throughout the process of litigation.
Our Attorneys know the importance of counseling clients on key aspects of fiduciary litigation to ensure that they avoid unnecessary litigation and future claims.
We take some cases on a contingent fee basis. Under a contingent fee arrangement, we are paid a percentage of the amount recovered but we are not paid if there is no recovery. Not many attorneys are willing to handle fiduciary litigation cases on a contingent fee basis. Contingent fees are beneficial to our clients because fiduciary litigation cases often require significant time to prepare and take to trial. Most clients cannot afford to pay attorneys by the hour. During our initial conversations, we will discuss our fee arrangement.