Spinella & Associates has a long history representing citizens involved in the probate system who have been treated unfairly. Citizens involved in the probate process frequently need a strong legal advocate to see to it that their rights are not abused by the process itself; that those having a fiduciary duty to them uphold such fiduciary duty; that investment of any money invested on their behalf be done prudently; that wills have been executed and are administered properly; and that the rights of the elderly, disabled, incompetent, and infirm be upheld in all instances.
Unlike nearly all lawyers who practice in this area, our firm has an active probate trial practice where issues such as will contests and involuntary conservatorships are aggressively litigated in the trial courts as well as in the probate arena. We have pursued several cutting edge theories, such as the bringing of constitutional civil rights claims on behalf of wrongfully conserved parties.
A prime example of the commitment of Spinella & Associates to probate issues is the representation of an heir who was unjustly conserved against his wishes. For several years, Spinella & Associates fought the State's largest bank and most powerful law firm ultimately succeeding in restoring his property along with obtaining a substantial money damage award (see "About" Section of this website). Other pending probate contests involving significant property disputes, such as a pending matter involving illegal taking by a conservator, are described in our media and case description postings on this website.
Examples of areas where Spinella & Associates have acted to protect rights of elderly, handicapped or infirm persons are as follows:
In regard to non-litigated probate matters, such as in the area of Title XIX issues and estate planning for the elderly, Spinella & Associates is associated with legal counsel who have specialized backgrounds as certified accountants and prior employment with applicable public agencies who provide legal assistance to our clients.
To learn more about our experience and how we can assist you, call us at 860-728-4900.