James Bart Leonardi, LLC is frequently called upon as a legal representative to serve as the administrator of an estate when a person dies without a will (intestate). In such cases, the probate court will want an accounting of all debts and assets, and will authorize the estate administrator to:
- Collect all of the assets of the deceased
- Pay creditors
- Distribute assets to heirs or other beneficiaries
In some instances, assets may need to be appraised/valued and then distributed appropriately.
James Bart Leonardi, LLC is very mindful of the sensitive nature of probate proceedings. As such, ongoing communication between the court and family is a must.
Occasionally, probate disputes occur and probate litigation is necessary.
James Bart Leonardi, LLC provides experienced litigation services to help resolve tough probate disputes in court. In probate litigation, when parties disagree about how probate is carried out, common concerns usually include, preservation of family relationships, resolving outstanding liabilities, and fair and accurate asset distribution. An experienced probate litigation attorney can assist you throughout the entire process.
James Bart Leonardi LLC handles a wide array of probate litigation cases, for example:
- Will contests may involve invalid will execution, claims of fraud or duress, or claims of undue influence or lack of mental capacity.
- Creditor’s claims involve the defense of, or prosecution of, the claims of individual creditors or financial institutions.
- Fiduciary issues include breaches of fiduciary duty, removal of fiduciaries and replacing fiduciaries. Fiduciaries include Executors, Estate Administrators, Trustees and Guardians.
- Wrongful Death includes working with plaintiff's attorneys to open estates for wrongful death purposes and the approval process of any settlement or judgment.
- Minor Settlements are necessary when a minor is injured and receives a settlement or judgment. This must be approved by the probate court in Ohio.
- Guardianships are necessary to pursue litigation on behalf of a minor or an incompetent adult. This is a probate process requiring knowledge of the special nature of this area.
Mr. Leonardi has represented clients from all walks of life across a variety of probate disputes. For instance, he represents individual beneficiaries, heirs, administrators, and interested parties such as creditors. Moreover, he is just as comfortable bringing petitioner claims as well as defending them. Thus Mr. Leonardi understands the competing interests often at play, and he insightfully counsels the client’s best course of action.
Proven Probate Litigation Attorney
Recognized as a proven litigator, Mr. Leonardi possesses a long litigation and finance background. In addition to handling probate issues, he has successfully litigated malpractice and professional disciplinary issues in Ohio and Kentucky Mr. Leonardi’s experience in finance and insurance facilitates easy communication with clients’ accountants, bankers, finance professionals, and insurance professionals. Probate litigation is one of his focuses, which means that you can rest assured he will handle the tough issues and fight on your behalf so that you can have peace of mind.
If you need to litigate a probate dispute in court, contact James Bart Leonardi, LLC to schedule a consultation.