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Estate, Trust & Probate Disputes
Will contests, trust and inheritance disputes, and claims of undue influence or breach of fiduciary duty.
Will contests, trust and inheritance disputes, and claims of undue influence or breach of fiduciary duty.
When a loved one passes away, their estate should be distributed according to their wishes or state law. But sometimes disputes arise - a family member believes the will was improperly influenced, an executor mishandles assets, a trustee breaches their fiduciary duty, or heirs disagree about who inherits what. Estate and probate disputes are emotionally fraught because they involve loss, family conflict, and questions about what the deceased truly wanted. Such disputes can sometimes involve issues related to reputation and family honor. If you believe you have been wrongly excluded, that an estate is being mishandled, or that a will or trust is invalid, an experienced attorney can help you protect your interests and seek fair resolution.
A will is a legal document stating who should inherit your property after you die. It names an executor (the person responsible for managing your estate during probate - the legal process of settling your affairs and distributing your assets). A trust is a separate legal entity that holds assets during your lifetime and passes them to beneficiaries after you die, often without going through probate. Trusts are useful for privacy and can avoid probate delays and costs.
If you die with a will, probate is the court process that proves the will is valid, pays debts and taxes, and distributes remaining assets to heirs. Probate can take months or years and involves court proceedings, attorney fees, and public disclosure of assets. If you die without a will (called dying "intestate"), state law determines who inherits - typically spouses and children, but details vary by state.
In both cases, someone has a fiduciary duty - a legal obligation to act in the best interests of the beneficiaries and estate. Executors and trustees must manage assets prudently, avoid self-dealing, keep accurate records, and distribute assets according to the will or trust terms. Violating these duties can lead to removal and liability for damages.
If you do not understand your role as an executor or trustee, or if you believe someone else is breaching their fiduciary duty, consult an attorney. Probate and trust law is complex, and missteps can be costly.
A will contest is a legal challenge to the validity of a will. Common grounds for contesting a will include:
Lack of testamentary capacity: The person who made the will (the testator) did not have the mental ability to understand the nature of making a will, the extent of their property, or who would naturally inherit. Dementia, Alzheimer's, severe illness, or medication effects can impair capacity. Capacity is measured at the moment the will was signed, not before or after.
Undue influence: Someone improperly pressured or manipulated the testator into making or changing their will. The influencer may have isolated the testator, made threats, or exploited a position of trust. Undue influence is a common reason for will contests when a distant relative or caregiver is named as a major beneficiary. This overlaps with fraud and misrepresentation claims.
Duress or fraud: The testator signed the will under threat or duress, or signed based on fraudulent misrepresentation about what the document was or contained.
Improper execution: The will was not signed according to state law requirements (typically requiring two witnesses, notarization, or specific formalities). If the will does not meet state requirements, it may be invalid.
Will contests must typically be filed within a specific timeframe (often 6-12 months after the will is admitted to probate). If you believe a will is invalid, contact an attorney quickly.
Undue influence is one of the most common grounds for challenging wills and trusts. It occurs when someone who had access to and influence over the testator or grantor used that influence improperly to change their will or trust in their own favor.
Red flags for undue influence include: a caregiver or romantic partner who suddenly becomes a major beneficiary, isolation of the elderly person from family, changes to a long-standing will near the end of life, secrecy about the will or trust changes, pressure from someone who benefits, or inexplicable changes inconsistent with the person's values and prior wishes.
Proving undue influence requires evidence. Testimony from family members about the testator's state of mind, evidence of the influencer's access and control, email or text messages showing pressure, and evidence of the testator's prior intentions can all support an undue influence claim. You do not need a confession - circumstantial evidence is sufficient.
If you suspect undue influence, act quickly. Gather documentation, write down what you observed while memories are fresh, and contact an attorney who can advise whether you have a viable claim and what evidence you should preserve.
Trustees have significant power. They manage trust assets, decide when to distribute money, invest funds, pay themselves reasonable compensation, and communicate with beneficiaries. But with that power comes fiduciary duty - a strict legal obligation to act in beneficiaries' best interests, not their own.
Common trustee breaches include: self-dealing (using trust assets for personal benefit), poor investment decisions that lose money, excessive compensation, failure to distribute income to beneficiaries, commingling trust assets with personal funds, making loans to the trustee or the trustee's relatives, or failing to disclose conflicts of interest.
Trustees also have a duty to keep beneficiaries informed and provide regular accountings of trust assets and distributions. If a trustee refuses to provide an accounting or to explain their decisions, that is often a sign of wrongdoing.
If you are a beneficiary and you suspect a trustee is breaching their duty, you can demand an accounting, object to improper distributions, challenge investment decisions, and pursue removal of the trustee. An attorney can help you demand an accounting, negotiate a settlement, or sue the trustee for breach of fiduciary duty and recovery of losses.
Trustees who breach their duties can be held personally liable for damages and may be required to return misused trust assets.
During probate, the executor (or administrator, if appointed by a court) manages the estate, pays debts and taxes, and distributes remaining assets to heirs. Like trustees, executors have fiduciary duties. Misconduct includes: failing to account for estate assets, distributing assets to themselves before paying creditors or taxes, commingling estate assets with personal funds, making improper investments, charging excessive fees, or deliberately delaying the probate process.
If an executor is mishandling an estate, heirs can demand an accounting, petition the court for removal of the executor, pursue claims for breach of fiduciary duty, or seek recovery of misused assets. In some cases, the executor may face criminal charges for theft or fraud if they deliberately stole estate assets.
If you are an heir and you suspect the executor is acting improperly, contact an attorney. An attorney can demand an accounting on your behalf, negotiate a resolution, or file a court action to hold the executor accountable.
Executors must act with honesty and transparency. If they refuse to account for assets or explain delays, that is often a sign of misconduct.
Sometimes disputes arise about who is actually an heir or who the deceased intended as beneficiary. If there is no will, state law determines who inherits. If someone claims to be a child or spouse of the deceased, they may seek to establish inheritance rights. These disputes often involve family money and financial disputes. If a will is ambiguous about who gets what, disputes arise about the correct interpretation.
Heirship disputes may involve: paternity or maternity questions (who was the biological parent), claims by someone who was accidentally omitted from a will, challenges to a child's legitimacy, or disputes about whether a prior divorce invalidates a bequest to an ex-spouse.
These disputes often require evidence: birth certificates, DNA tests, marriage records, or documents showing the deceased's intent. If you believe you have a claim to an inheritance or you are defending against an improper claim, an attorney can gather evidence and pursue your interests through negotiation or litigation.
Heirship disputes can delay distribution of an estate significantly, so resolving them promptly is important for all parties.
Estate disputes are often emotionally charged because they involve family conflict and loss. For this reason, mediation - having a neutral third party help the parties reach agreement - is often the best first step. Mediation is faster and cheaper than litigation, allows parties to maintain control over the outcome, and preserves family relationships better than courtroom fights.
If mediation fails, you can pursue litigation. Will contests and other probate disputes are filed in probate court (specialized courts that handle estates, trusts, and guardianships). Litigation is more formal than mediation and gives parties the right to discovery (exchanging evidence), expert testimony, and a final judgment. But litigation is expensive, time-consuming, and results are unpredictable.
Some cases settle during or after litigation once both sides understand the strength of each party's case and the costs of continued fighting.
Whatever path you choose, having an attorney guide you through the process is critical. Estate law is complex, and mistakes can cost you dearly.
If you believe a will is invalid, a trustee or executor has breached their fiduciary duty, or you have been wrongly excluded from an inheritance, you have rights. We understand that estate disputes are sensitive and often involve grief, loss, and family conflict. Our attorneys are experienced in probate litigation and mediating estate disputes. We can help you protect your interests and seek fair resolution through negotiation or litigation. Contact us for a confidential consultation.
Contact us to discuss your estate, trust, or probate dispute confidentially.