Estate litigation arises when there are disputes over wills, trusts, or an estate's administration. If you're facing a contest, understand your rights.
Expert information to help you understand your rights and options
Estate disputes arise from will contests, fiduciary breaches, trustee misconduct, and inheritance disagreements. Litigation is expensive and damages family relationships. Learn common estate disputes, litigation procedures, realistic outcomes, and whether mediation is appropriate for your situation.
Executors and trustees owe strict fiduciary duties—loyalty, prudence, and proper accounting. Breaches include self-dealing, mismanagement, and failure to distribute. Learn how to identify fiduciary misconduct, available remedies including removal and surcharge, and when litigation is warranted.
Trust litigation covers trustee removal, breach of fiduciary duty claims, trust modification, and interpretation disputes. Unlike probate, trust litigation occurs in civil court. Learn common trust disputes, trustee accountability, beneficiary rights, and remedies for trust-related claims.
Undue influence occurs when someone manipulates a vulnerable person to change their estate plan. Proving influence requires showing opportunity, susceptibility, and suspicious circumstances. Learn elements of undue influence claims, evidence patterns, and how courts evaluate these allegations.
Will contests challenge document validity based on lack of capacity, undue influence, fraud, or execution defects. Standing requirements limit who can contest, and deadlines are strict. Learn grounds for will contests, evidence needed, no-contest clause implications, and success rates.