Rowe & Walton PC

Probate Litigation Law Firm

Bountiful, Utah Law Firm 

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Utah Probate & Litigation Attorneys: Compassionate Guidance Through Difficult Times

 

The loss of a loved one is one of life’s most challenging experiences. Navigating the legal steps that follow, a process known as probate, can add a layer of stress and confusion during an already emotional time. At Rowe & Walton, P.C., we offer compassionate and experienced legal support to families throughout Utah, helping them navigate the probate process with clarity and dignity.

 

Since 1963, our firm has been committed to serving our community with integrity and excellence. Whether you are an executor tasked with administering an estate or a beneficiary concerned about your rights, our goal is to lighten your burden and ensure your loved one’s final wishes are carried out precisely as intended.

What is Probate in Utah?

Many people have heard the term “probate” but aren’t sure what it means. Probate is the formal, court-supervised process of settling a deceased person’s estate. This involves:

  • Validating the Will: Proving to the court that the deceased’s will is legally valid.
  • Appointing an Executor: Officially granting the person named in the will (the executor or personal representative) the authority to act on behalf of the estate.
  • Gathering and Inventorying Assets: Identifying and cataloging all of the deceased’s property.
  • Paying Debts and Taxes: Settling any outstanding debts, final bills, and taxes owed by the estate.
  • Distributing Property: Transferring the remaining assets to the beneficiaries named in the will.

 

If a person dies without a will (intestate), the process is similar, but Utah state law dictates how the assets are distributed. While the probate process is necessary, it can be complex and filled with administrative hurdles.

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When Disputes Arise: Understanding Probate Litigation

Ideally, estate administration is a smooth and cooperative process. Unfortunately, family dynamics, unclear documents, or suspicious circumstances can lead to serious disagreements. When these conflicts escalate into a formal legal challenge, it is known as probate litigation.

At Rowe & Walton, P.C., we are prepared to handle these sensitive and complex disputes. Common reasons for probate litigation include:

  • Contesting a Will: A beneficiary or heir may challenge the validity of a will based on claims of undue influence (that the deceased was manipulated), lack of capacity (that the deceased was not of sound mind when signing), fraud, or improper execution.
  • Breach of Fiduciary Duty: An executor has a legal duty to act in the best interests of the estate. If they mismanage funds, fail to communicate with beneficiaries, or engage in self-dealing, they can be held accountable through litigation.
  • Disputes Over Asset Distribution: Disagreements can arise over the interpretation of a will’s language or the identification of rightful heirs.

 

These conflicts are emotionally charged and legally intricate. Having a skilled litigator on your side is crucial to protecting your rights and interests.

The Value of an Experienced Probate Attorney

Whether an estate is straightforward or contentious, an experienced attorney is an invaluable asset.

  • For Estate Administration: As an executor, we guide you through every step, ensuring all deadlines are met, legal notices are provided, and paperwork is filed correctly. Our assistance protects you from personal liability and helps the process conclude as efficiently as possible.
  • For Probate Litigation: As your advocate, we meticulously build your case, gather evidence, and represent you forcefully in court. We understand what is at stake and fight to honor your loved one’s true intent or secure your rightful inheritance.

The team at Rowe & Walton, P.C. brings a unique combination of skill sets to every case. We are efficient administrators who can settle an estate smoothly and powerful litigators who can stand up for you when a conflict cannot be avoided.

If you need assistance with administering a loved one’s estate or are facing a potential dispute, you don’t have to handle it alone. Contact Rowe & Walton, P.C. today at (801) 298-0640 to schedule a consultation and discuss how we can provide the support and guidance you need.

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