Probate Litigation Fact Sheet

How to use this fact sheet

This is the same intake form we use to evaluate a potential probate dispute — it also appears as Appendix B of Probate Wars of the Rich and Famous. You do not need every answer. Gather what you can, note what you don’t know, and bring it to your consultation; the gaps themselves often tell us something. If you prefer paper, download the printable PDF.

1. The decedent

• Name of Decedent and Social Security number
• Address of Decedent
• Date of death, and county/state of residence before death

2. Family

• Surviving spouse’s name (if applicable) — and is the spouse the first spouse or a subsequent spouse? Please provide detail.
• Was there a divorce? If so, attach the Property Settlement Agreement.
• Names and ages of children from this marriage
• Names and ages of children from prior marriages

3. Real estate and titled property

• Did the Decedent own a home or any other real estate? For each property: address, title holder, value, mortgage, equity.
• Did the Decedent own any other titled property, such as a car or boat? For each: description, title holder, value, loan, equity.

4. Bank and investment accounts

• Checking accounts — name of bank, title holder, balance
• Savings accounts and/or CDs — name of bank, title holder, approximate value
• Stocks, bonds, or mutual funds — for each account: name of brokerage firm or investment manager, fair market value, name on the account
• Profit sharing, IRAs, or pension plans — for each: name of brokerage firm or investment manager, fair market value, name on the account

5. Life insurance

For each policy:

• Name of insurance company, and type of policy (term, variable, universal, or whole life)
• Owner
• Primary beneficiary and secondary beneficiary
• Death benefit and cash value

6. Items of particular value

• Did the decedent have any other items of particular value, such as coin collections, antiques, jewelry, or heirlooms? For each: description and beneficiary.

7. The will, trusts, and fiduciaries

• Is there a Will? Is there a Codicil? (If so, please attach.)
• Are there any trust agreements? (If so, please attach.)
• Who are the executors of the estate?
• Who are the trustees of the trusts?
• Has a Federal or State estate tax return been filed?
• Have any estate assets been distributed, taken, or sold?

8. What you believe went wrong

Do you believe there was any:

• Undue influence? If so, please explain.
• Lack of capacity? Did the Decedent lack capacity to make a gift, sell an asset, or sign a Will or Trust? If so, please explain.
• Fraud? Was there any fraud in the transference of assets? If so, please explain.
• Abuse of trustee power? Has an executor or trustee been dilatory or tyrannical? If so, please explain.

9. Prior representation

• Have you been represented by an attorney regarding this estate before? If so, by whom?
• Why do you seek to make a change of attorney?