Probate litigation often arises when family members, heirs, creditors, fiduciaries, beneficiaries, or third parties disagree about a Will, a trust, an estate asset, a fiduciary’s conduct, or the person who should control the administration of an estate.
These matters can be difficult because legal rights, family relationships, property issues, and emotions often converge at the same time. The Firm’s goal is to identify the controlling issues, protect the client’s interest, and pursue a strategy suited to the dispute.
Common Probate Litigation Issues
- Whether a Will is valid
- Whether the testator had sufficient capacity to make a Will
- Whether a Will or transfer resulted from undue influence
- Whether an executor or administrator is qualified or suitable to serve
- Whether a fiduciary has properly administered estate property
- Whether heirs, beneficiaries, creditors, or third parties are entitled to particular estate property
Litigation related to a decedent’s estate may be necessary to protect an inheritance, prevent waste, challenge an improper instrument, require fiduciary accountability, or resolve competing claims to property.
The Firm understands that these contests can be emotionally difficult. The objective is to provide clear information, move the process forward as efficiently as the circumstances allow, and protect the client’s inheritance or estate interest.