Bethesda MD Litigation Law Firm

Litigation Law Firm Bethesda MD

If you’re searching for a top litigation law firm Bethesda, Maryland has to offer, you may already know that the loss of a loved one can be a devastating experience that is difficult to overcome. The loss is compounded when family members disagree about what should happen to a loved one’s property, or when they learn that he or she was financially exploited by a caregiver. We have experience handling many types of complex estate disputes, including cases involving will interpretations and inheritance rights. We may help you deal with the challenging and sensitive issues that can arise.

At Brown Kiely, our team knows how important it is for families to have access to a trusted litigation law firm Bethesda MD can provide , especially after the loss of a loved one. Estate litigation is one of the most essential parts of our practice, but can be complicated to handle. It may involve family members fighting over a property and they claim the will is not valid, or the decedent owes money on the estate. If any of these situations occur, a claim may need to be filed.

---

• Problems That Can Occur During Probate
• Litigation Law for Estate Disputes: 5 Key Questions
• Bethesda MD Litigation Law Infographic

---

When you need a top litigation law firm Bethesda MD residents trust to provide counsel during estate matters, you might be looking for assistance regarding one of the following issues:

• Kinship litigation:
  • Spousal rights to inherit property
  • Prenuptial and antenuptial agreements
  • Inheritance rights of distant relatives
• Trust litigation: Counsel for defending a trust or contesting a claim to a trust
• Will litigation: Counsel for constructing a will or contesting a will
• Fiduciary litigation: Counsel for establishing an executor or trustee who can manage the affairs of an estate

These matters may be extremely sensitive affairs, particularly when a loved one’s passing has strongly affected the family. It may be incredibly important to have a trusted source of legal counsel during this period of grieving, a litigation law firm Bethesda MD trusts can make all the difference. During this time, a case such as one listed above could tear families apart and cause a vast amount of stress on the individuals involved. Our attorneys are prepared to handle this matter in an efficient and professional way.

Call our firm and stop by for a free initial meeting and let us understand how we can help you solve your issues and win your case. Hoping to provide any sense of relief, we are a litigation law firm Bethesda MD citizens can call on to assist you with a potential case. If you live in Florida or New York, we are still able to help you since we are licensed in those states, including District of Columbia, Virginia, and Massachusetts.

About Our Team

At Brown Kiely, our team is dedicated to serving local families throughout the Bethesda region who are looking for assistance in estate litigation matters. While it may not be absolutely necessary to hire a lawyer for these concerns, there are several reasons why it may prove to be beneficial to hire a Bethesda litigation law firm who know the region and has worked with many families in the area.

We are a litigation law firm in Bethesda MD that have five Partners to choose from, two Associates, and an Of Counsel. All coming from different backgrounds, we have just what you are looking for when deciding on an attorney for your case.

• Daniel Brown, Partner
• Matthew E. Kiely, Partner
• Eileen O’Brien, Partner
• Jesse Stein, Partner
• Joseph Press, Associate
• Ian Thomas, Associate

We are a litigation law firm Bethesda MD can call on to meet your needs. Besides litigation law, we also provide assistance with:

• Asbestos
• Personal injury
• Contracts
• Partnerships and shareholder disputes
• Nursing home abuse and neglect

First, a lawyer who is experienced at handling estate matters within Maryland could be invaluable for family members who reside out-of-state. Laws governing estate management and inheritance proceedings may differ from state to state, so when estate matters cross state lines, it’s important to know that you’ve abided by all necessary requirements.

Second, it can be a great relief for families to hire a lawyer so that they can focus on healing. An experienced legal team, such as those at Brown Kiely, a litigation law firm Bethesda MD trusts, provides compassion alongside knowledge. Whether your family is mourning the loss of a loved one, or you simply want to get your affairs in order for your family members, consulting a lawyer may be a very wise decision.

Our values include integrity, accessibility, and commitment. From your first meeting, these are obvious among several others. We want people to think of us first when looking for a litigation law firm Bethesda MD provides. We believe communication is crucial when working through a legal matter, which is why accessibility is one of our core values. Our staff works around the clock to provide our best work on your case. We can fight for you.

Speak With a Litigation Law Firm Bethesda MD Residents Can Recommend

When you need a litigation law firm in Bethesda MD, Brown Kiely should be your first call. Our law firm is proud to be an established part of the Bethesda community and proud to be a trusted source of estate litigation. If your family may benefit from working with an attorney for any issues related to estate law, our firm would be pleased to speak with you. We strive to make this process go as smooth as possible for your entire family, given the circumstances. We try to be a Bethesda litigation law firm you want to call on first to help you through this process.

Our team of top notch attorneys with years of experience understand the stress any legal case may bring, especially when dealing with litigation of any kind. What started in 1988 in a closet size room, has now evolved into a multi-attorney firm with experience in a number of areas who have the same work ethic as they did twenty years ago. We can attempt to tackle any case, big or small, from nursing home abuse to estate litigation, our determination has only grown over the years to be a litigation law firm Bethesda MD citizens can trust.

For more information about Brown Kiely, a top litigation law firm Bethesda MD depends on, call us today.

Problems That Can Occur During Probate

After a person dies, their will must be proven valid in court. This is called the probate process. Probate typically takes several months to complete, but it can take even longer if problems arise during the process. If issues occur during the probate process, you shouldn’t hesitate to call a litigation law firm in Bethesda MD for assistance.

Here are some of the most common problems that can occur during probate.

The Will Is Contested

If a person believes that a will is not the true reflection of what the deceased wanted, they can contest the will in court. For example, if the person thinks that the deceased was mentally incapacitated or forced to sign the document against their will, they may try to challenge it. The person has to show some type of proof that the will isn’t valid. As you can probably imagine, contesting a will can slow down the probate process and heirs won’t receive their assets as quickly. A litigation law firm Bethesda MD can prepare and litigate your case if you feel your loved one’s will is not valid.

The Executor Is Unable to Fulfill Their Duties

In a will, a testator can name a person as the executor. This person is responsible for making sure all the wishes of the estate are carried out and the beneficiaries receive the appropriate assets. However, not every executor is able to fulfill the role. Some may be too busy or simply don’t want all of the responsibility. When this occurs, the court has to appoint a new executor, which can delay the probate process. A Bethesda MD litigation law firm can assist an executor who finds they cannot proceed with the process.

The Executor Fails to Fulfill Their Duties

An executor is responsible for acting on behalf of another person and can’t act on their own self-interests. If an executor does this or doesn’t fulfill other obligations, the court can remove them as the executor and appoint someone else. This can significantly slow down the process.

Assets Can’t Be Located

It might sound strange, but sometimes it can take a while to find certain assets. The executor has to find all the assets until they can be transferred to beneficiaries, which can take a lot of time. It’s possible to avoid this dilemma if the testator provides detailed instructions on how to find the assets in the will.

Creditors Make Costly Claims Against the Estate

All valid debts have to be paid off before assets can be distributed to heirs. If a credit card company or other creditor makes a valid claim against the estate, it will generally have to be paid. However, if you believe a creditor is wrong, you can make them prove that the estate truly owes them money. The negative side about this is that it can significantly slow down the probate process.

If you need assistance during the probate process, consult with an experienced probate lawyer. The probate lawyers at Brown Kiely, LLP have extensive legal experience with probating estates and want to be there for you. Contact our litigation law firm Bethesda MD families trust today to set up a free consultation.

Bethesda Litigation Law Statistics

According to a major survey by the National Endowment for Financial Education, more than 160 million Americans (70 percent) do not have an estate plan. This means they do not have a will, trust, power of attorney, or other estate planning documents to address what should happen to their finances when they die. The legal quagmire that can result without an estate plan can involve long, drawn-out legal battles between family members, expensive lawyers and court fees, and more.

Don’t let this happen to you or your family. Call our litigation law firm to speak with one of our attorneys.

Bethesda Litigation Law FAQs

Situations involving litigation can be a daunting process, and it can be critical to have help from the seasoned professionals at Brown Kiely LL. Since 1998, our Bethesda, MD litigation law firm, has aimed to demystify the process and provide clear, straightforward answers to some of the most common questions. Whether you’re dealing with a commercial dispute, personal injury claim, or any other legal matter, we are here to guide you every step of the way.

What Is Litigation Law?

Litigation law encompasses the rules and practices involved in resolving disputes through the court system. It applies to both civil and criminal cases, although the procedures can vary significantly. Essentially, litigation is the process of taking legal action to enforce or defend a right. It involves various stages, including investigation, pleadings, discovery, pre-trial, trial, settlement, and potentially appeal. Understanding these stages can help you better prepare for what lies ahead.

How Does The Litigation Process Work?

The litigation process begins with the filing of a complaint by the plaintiff, outlining their grievances and the legal basis for the lawsuit. The defendant then responds with an answer, either disputing the claims or presenting defenses. This exchange of documents is followed by the discovery phase, where both parties gather evidence through depositions, interrogatories, and subpoenas. Pre-trial motions may be filed to resolve specific issues before trial. If the case proceeds to trial, both sides present their arguments and evidence before a judge or jury, who then render a decision. Post-trial motions and appeals may follow if either party is dissatisfied with the outcome.

What Types Of Cases Fall Under Litigation Law?

When working with a Bethesda litigation lawyer it’s important to know that litigation law encompasses a broad spectrum of cases. Civil litigation includes disputes such as contract breaches, property disputes, personal injury claims, and family law issues like divorce and child custody. Commercial litigation involves business-related disputes, including partnership conflicts, intellectual property matters, and employment issues. Criminal litigation pertains to cases where the state prosecutes an individual for violations of criminal law, such as theft, assault, or fraud. Each type of case requires a different approach and expertise, making it crucial to have experienced legal representation.

How Long Does A Typical Litigation Case Take?

The duration of a litigation case can vary widely based on the complexity of the case, the court’s schedule, and the willingness of the parties to settle. Simple cases may be resolved in a few months, while more complicated matters can take several years to conclude. The discovery phase alone can last several months as both sides gather and review evidence. Pre-trial motions, scheduling conflicts, and court backlogs can further extend the timeline. While it can be frustrating, patience and perseverance are essential throughout the process.

What Are The Steps Involved In Filing A Lawsuit?

Filing a lawsuit involves several key steps. First, we conduct a thorough investigation to gather facts and identify legal issues. Next, we draft and file a complaint with the appropriate court, outlining the basis of the lawsuit and the relief sought. The defendant is then served with the complaint and must respond within a specified time. The discovery phase follows, where both sides exchange information and gather evidence. Pre-trial motions may address procedural or substantive issues. If the case doesn’t settle, it proceeds to trial, where both sides present their arguments and evidence. Finally, the court renders a judgment, which may be subject to appeal.

Guiding You Through Litigation Law

Our clients deserve a process that is as transparent and manageable as possible. As a Bethesda litigation law firm, we are committed to providing the guidance and support needed to navigate the complexities of legal disputes and each of our partners have 20 years of experience under their belts. If you have any questions or need assistance with a potential case, please don’t hesitate to reach out to Brown Kiely LLP. Contact us today to schedule a consultation and learn how we can help you achieve a favorable outcome.

Bethesda MD Litigation Law Infographic

Litigation Law Glossary

At our Bethesda, MD litigation law firm, we often work with clients facing emotionally charged and legally complicated estate matters. To help clients understand the legal process more clearly, we’ve created this glossary page to explain several commonly used legal terms related to estate litigation. These definitions are designed to clarify the meaning of specific legal phrases you may encounter during your case.

Kinship Litigation

Kinship litigation refers to disputes involving inheritance rights based on family relationships. These cases arise when there is disagreement over who is legally entitled to inherit from a deceased person’s estate. For instance, a distant relative may step forward claiming a right to the estate, or a spouse may challenge the terms of a will based on marital rights. These disputes may also involve situations where no will exists, leaving it up to the court to determine the closest surviving relatives under state law. Kinship litigation often requires documentation such as birth certificates, marriage licenses, or genetic evidence to establish or dispute legal relationships.

Trust Contest

A trust contest involves a legal challenge to the validity or administration of a trust. A party might allege that the trust was created under undue influence, that the trustor lacked mental capacity at the time it was drafted, or that a trustee is failing to manage the trust according to its terms. In Maryland, trust contests can be filed in the Orphans’ Court or Circuit Court, depending on the nature of the dispute. Outcomes may include the removal of a trustee, amendment of trust terms, or invalidation of the trust altogether. These cases are particularly important when significant assets are held in trust and beneficiaries disagree on distribution.

Executor Removal Petition

This term refers to the formal legal request filed with the court to remove the executor of an estate. An executor is the individual appointed to carry out the terms of a will, but if they fail to act responsibly, act in their own interest, or cannot complete their duties, any interested party may file a petition for their removal. Common reasons for removal include failure to distribute assets, mismanagement of estate funds, or conflict of interest. If the court finds cause, a replacement executor will be appointed to continue administration of the estate. This process helps maintain accountability during probate and protects the interests of beneficiaries.

Will Construction Proceeding

A will construction proceeding is used when the language in a will is unclear or ambiguous. This legal action asks the court to interpret the intent of the deceased as written in the will. Common scenarios include unclear asset descriptions, contradictory clauses, or outdated beneficiary designations. The goal is to determine and carry out the wishes of the deceased as faithfully as possible. These proceedings often involve legal briefs, witness testimony, and presentation of extrinsic evidence to support different interpretations. Will construction is essential to ensure that all beneficiaries are treated fairly under the law and the decedent’s true intentions are respected.

Ancillary Probate

Ancillary probate occurs when a deceased person owned property in a state other than where they lived at the time of death. In such cases, a secondary probate process is required in the state where the property is located, in addition to the primary probate case in the home state. For example, if a Bethesda resident owned real estate in Florida, Maryland would handle the main probate case, and Florida would conduct the ancillary probate. This process is necessary to transfer legal ownership of the out-of-state property to the heirs or beneficiaries. Ancillary probate can be time-consuming and may require coordination between attorneys in multiple jurisdictions.

As a litigation law firm Bethesda MD residents rely on for estate disputes, we recognize how overwhelming these legal terms can be when you’re already under pressure. Our team at Brown Kiely LLP is here to provide direct, practical legal support during what may be a very stressful time for your family.

If you or a loved one are facing a dispute involving a will, trust, or estate, don’t wait. Contact our office to schedule a consultation and speak with an attorney about your situation today.