Assertive Probate Lawyers in North Kingstown

Probate litigation law firm serving East Greenwich, Cranston and Coventry

Probating an estate requires maneuvering through a complex judicial system at a time when you are grieving your loss. Disputes about the administration of the estate and the validity of the will complicate an already difficult process. Kerry I. Rafanelli, Attorney at Law has been a dedicated lawyer for estate planning and probate for 30 years. He can assist you in the administration of the estate and through successful conflict resolution when disputes arise.

Disputing the validity of the last will and testament

Heirs and individuals who would have a right to an inheritance through intestate laws have standing to dispute a last will and testament. You must establish grounds for a court to act against the provisions of the will, such as:

  • The deceased was not of sound mind at the time the will was executed
  • The deceased signed the will under coercion, duress or fraud
  • The will was not properly executed -- such as lacked witnesses' signatures
  • The deceased unintentionally disinherited children or other family members
  • The deceased left the spouse less than the statutorily required percentage of the estate
  • A new will or codicil exists that updates or replaces the document filed for probate

It is not enough that you do not believe you received your fair share unless you can prove that your gift was not in accordance with the deceased's intentions. For example, the court might question whether the deceased inadvertently disinherited a child if the language in the last will does not clearly state the deliberateness of the act.

Probate mediation

Probate disputes occur at a time when you are mourning the loss of your loved one. In addition, the parties involved are often family members with whom you may want to preserve relationships. Contentious probate litigation can create unnecessary stress, cost substantial money and delay distribution of the estate's property.

Our law firm encourages you to resolve your disputes through mediation whenever possible. As a trained facilitator, Kerry conducts mediations to help parties reach equitable agreements. We can also represent you in mediation sessions to negotiate a fair agreement and protect your inheritance rights.

Learn more from experienced litigation attorneys for probate in Warwick

Consult an experienced East Greenwich attorney to guide you in resolving your probate disputes. Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your free consultation.