Are you looking for a probate challenges and litigation lawyer in Hanover, MD?
At Crepeau Mourges, we provide trusted probate litigation counsel for families and business owners throughout Hanover, MD.
If you believe a loved one’s will is invalid, or a personal representative is mishandling estate assets in Hanover, you may have limited time to act. Probate disputes run on strict court deadlines, so timing matters from the start. Our Hanover, MD probate challenges and litigation lawyer can evaluate your position and the financial records behind it. Our founders are attorneys and CPAs with 40 years of combined practice, which matters when an estate dispute turns on the numbers. Call us today to schedule your consultation.
Probate Challenges and Litigation Lawyer Hanover, MD
Our Hanover probate challenges and litigation lawyer represents heirs, beneficiaries, personal representatives, and creditors in disputes over a decedent’s estate. Those disputes include will contests, which Maryland calls caveat proceedings, along with claims that a personal representative or trustee breached a duty owed to the estate. The Orphans’ Court hears most of these matters at the county level. Some issues can be sent to the circuit court for trial.
The Register of Wills for Anne Arundel County reported $6,597,960 in net inheritance tax collections for fiscal year 2024, according to a state legislative audit. Inheritance tax, estate tax, and income tax on estate assets all affect what each beneficiary ultimately receives.
Types of Probate Challenges and Litigation Cases We Handle in Hanover
Estate disputes rarely stay simple. A disagreement over one asset can open questions about the will, the accounting, and the tax returns all at once. Our Hanover probate challenges and litigation attorneys handle matters including:
- Will contests (caveats). A will may be challenged for lack of capacity, undue influence, fraud, or improper signing. We evaluate the medical, financial, and witness evidence before a caveat is filed or answered.
- Breach of fiduciary duty claims. Personal representatives and trustees must act in the estate’s interest. When one self-deals, delays, or mismanages assets, we pursue removal and recovery of the losses.
- Accounting disputes. Estate accounts filed with the Register of Wills can hide missing funds or unsupported expenses. Because our founders are CPAs, they review those accounts line by line.
- Trust contests and trustee disputes. Beneficiaries may question a trust amendment, a trustee’s investment choices, or a refusal to distribute. We address both the validity of the document and how it has been administered.
- Creditor claims against estates. Claims can be allowed, disallowed, or contested in court. We represent personal representatives defending against improper claims and parties with legitimate claims seeking payment.
- Closely held business interests. A family company left without a succession plan can stall an estate and divide heirs. Our Hanover probate challenges and litigation attorneys handle valuation disputes and conflicts over control.
- Tax audits. An IRS or state review of an estate return can change the amount available to beneficiaries. We defend the valuations and deductions the return relied on.
- IRS tax liens. Unpaid taxes can attach to estate property and delay a sale or distribution. We work to resolve the lien so administration can move forward.
- Fiduciary and heir tax liability. The IRS can pursue personal representatives and, in some cases, heirs who received assets when estate taxes go unpaid. We defend against those collection efforts.
Why Choose Crepeau Mourges as My Probate Challenges and Litigation Lawyer in Hanover, MD?
Litigators Who Can Trace the Money
Brian J. Crepeau is a Certified Fraud Examiner as well as a tax attorney and CPA. His background includes leading complex, high-stakes internal investigations and providing litigation support on fraud, income analysis, and business structures. Those skills apply directly when an estate’s assets have gone missing. He also represents clients in administrative disputes before the IRS and the Comptroller of Maryland, which can run alongside estate litigation.
Brandon N. Mourges is admitted to the U.S. District Court for the District of Maryland in addition to the state’s courts. He belongs to the Anne Arundel County and Howard County bar associations, which serve the two counties Hanover spans, along with the Maryland Association of CPAs. A family dispute over an inheritance calls for a litigation lawyer in Hanover, MD who can also read a balance sheet.
Results in Fiduciary and Financial Disputes
Our Hanover probate challenges and litigation lawyers have handled a range of disputes, and past clients have shared their experiences working with our firm. Examples of cases we have handled include:
- After a large non-profit’s founder died and misappropriated funds came to light, our forensic analysis traced how the money was taken and guided the organization’s response to enforcement agencies.
- An estate facing roughly $300,000 in proposed IRS foreign reporting penalties had the matter dismissed after related Tax Court litigation.
- A business owner in litigation with a management company paid none of the amounts sought, following forensic review of fees and expenses and a mediated resolution.
- In a matter where Mr. Mourges assisted, a derivative action alleging fiduciary violations by employees of a real estate investment trust was resolved without trial.
Prior results do not guarantee a similar outcome.
What Is Important to Understand About Probate Challenges and Litigation Cases?
Grounds, Deadlines, and Damages in Probate Litigation Cases
Our Hanover probate challenges and litigation lawyers can help you understand what you need for your case to succeed.
- Lack of capacity. The person making the will did not understand what they owned, who their family was, or what the document did.
- Undue influence. Someone in a position of trust pressured the person into terms that reflect the influencer’s wishes rather than their own.
- Improper execution or fraud. The will was not signed and witnessed as the law requires, or it was forged or obtained through deception.
- Caveat deadline. Under Maryland caveat rules, a petition to caveat generally must be filed within six months after the first appointment of a personal representative under a will.
- Creditor claim deadline. Under Maryland’s claims statute, a claim against an estate is generally barred unless it is presented by the earlier of two dates: six months after death, or two months after the personal representative sends written notice.
- Personal representative removal. The Orphans’ Court can remove a personal representative who mismanages the estate or fails to perform required duties.
- Fiduciary liability. A personal representative or trustee who breaches their duties can be held personally responsible for the resulting losses to the estate.
What Are Important Aspects of a Probate Challenges and Litigation Case?
Strong estate cases are built on evidence gathered before memories fade and records disappear. Several factors shape the outcome when you work with our Hanover probate challenges and litigation lawyer.
- Standing, meaning whether you are an interested person with a right to bring the claim.
- Medical records and witness accounts from the period when the will or trust was signed.
- Bank statements, estate accounts, and estate and gift tax returns that show where assets went.
- Timing, because the caveat and creditor deadlines leave little room for delay.
- Whether the family would benefit more from mediation than from a contested hearing.
- How carefully the original estate plan was prepared, since clear documents leave less room to argue.
What Is the Probate Challenges and Litigation Case Timeline?
Some disputes settle within months, while contested caveats and fiduciary cases can take a year or longer. A typical matter moves through these stages when working with our Hanover probate challenges and litigation lawyer:
- Review of the will, estate filings, and the Register of Wills docket.
- Filing a caveat petition, exceptions, or a complaint within the applicable deadline.
- Discovery, including document requests, subpoenas for medical and financial records, and depositions.
- Mediation or settlement discussions, which resolve many estate disputes.
- A hearing or trial in the Orphans’ Court or the circuit court, followed by distribution under the final order.
The deadlines at the front end of this process are firm, which is why we identify them in the first meeting.
What Should You Bring to Your Probate Challenges and Litigation Consultation?
Bring whatever documents you have to your meeting with our Hanover probate litigation attorney, including:
- The will, any trust documents, and earlier versions if you have them.
- Notices or orders from the Register of Wills or the Orphans’ Court.
- Estate inventories, accountings, and correspondence with the personal representative.
- Any estate or trust tax returns and related IRS or Comptroller correspondence.
- Names of witnesses, caregivers, and physicians involved near the time the documents were signed.
Anne Arundel County Probate Courts and Local Resources
Estates are opened where the decedent lived, so a Hanover estate may belong to Anne Arundel County or Howard County. Our office on Ashton Road is within a short drive of both.
- Anne Arundel County Register of Wills. This office opens estates, audits estate accounts, and forwards contested matters to the Orphans’ Court.
- Orphans’ Court of Anne Arundel County. The court sits at the Anne Arundel County Courthouse, 2011-E Commerce Park Drive in Annapolis, according to the state Orphans’ Court directory.
- Howard County Register of Wills. Estates of Hanover residents on the Howard County side are handled there, at the Howard County Circuit Courthouse in Ellicott City.
- Online estate search. The Registers of Wills offer public access to estate case records, including the personal representative’s name and the estate’s status.
Reach Out to Crepeau Mourges to Schedule a Consultation
Estate disputes are easier to manage when deadlines are identified at the outset. Crepeau Mourges offers a free consultation where we will review your documents, explain your standing and options, and outline what a case would involve. Contact us to schedule your consultation with our Hanover probate challenges and litigation attorney.
