Dayton Beneficiary Dispute Attorney

Caring Solutions for Complex & Emotional Issues

When consulted by clients regarding beneficiary disputes, our Dayton probate litigation attorney has utilized numerous courts, statutes, and cases in showing that our clients are the proper beneficiaries of assets. Like other areas of probate law, it is vital that clients take action as quickly as possible.

Often times, transfers of assets are done before a competing claim can be made on the asset. It is typical that we initiate injunction and restraining order procedures to preserve the status quo, or prevent the transfer of assets. The moment those assets are transferred, it becomes more difficult to collect or recover that asset; or you may even lose the ability to compete for that asset among other potential beneficiaries. Whether there is a dispute regarding a will, trust, or another estate document, we can provide effective assistance.

Probate vs. Non-Probate Assets

One of the first inquiries made is whether the asset is a probate or non-probate asset. “Non-probate” property transfers directly to a beneficiary upon passing of the decedent. Probate assets must move through probate court in order to transfer title to another beneficiary.

Our Dayton probate litigation lawyer has successfully secured assets that were improperly withheld from our clients (beneficiaries) regarding assets including:

  • Individual Retirement Accounts (IRAs);
  • Investment accounts;
  • Life Insurance;
  • Savings or Checking accounts;
  • Real property;
  • 401(k)s;
  • Personal property;
  • Motor vehicles; and
  • Residuary clauses.

This area of law is complex and crosses into other areas of the law. It may even involve multiple courts, including common pleas, domestic relations, and probate. Contact David Brannon, Attorney at Law immediately for a free consultation as to whether you have been excluded from an asset you believe the decedent intended on transferring to you, or that another is unlawfully withholding from you.

Contact us immediately for a free consultation.