ESTATES AND TRUSTS: Conflict and Disputes

We counsel our clients that trust and probate litigation can resolve disputes in a court of law often with finality—and almost always at great expense. Litigation is the most difficult means of conflict resolution and should be used only as a last resort. However, there are occasions when it is needed, and litigation can provide relief when all other means have failed.

What Claims are Resolved in Probate and Trust Litigation?
Our attorneys are experienced at trial in all forms of probate disputes and controversies, including:

• Will Contest—arguing that a will is nullified by a legal insufficiency or because the decedent lacked the mental capacity to formulate a will or was unduly influenced to create the will.
• Removal Action—filed by a beneficiary to remove the estate representative from office because of some improper conduct.
• Accounting Action and Objections to Accounting—beneficiary request for full disclosure and explanation of the estate's financial activity.
• Heirship Modification—concerning proof that a person is an heir of the decedent.
• Action for Damages—suing an estate representative personally for money if the representative has materially breached his duties.
• Instruction—the representative petitions the court to direct his/her actions.
• Construction—a representative or beneficiary can petition the court for a binding interpretation of the document where a will is written improperly or in an ambiguous manner.
• Citations—an action to recover property for the estate from a third person.
• Claims—actions filed by third parties to recover money or property from an estate.
• Challenge to Fees—a beneficiary's objection to the payment of suspect fees charged by a representative or attorney.

Trust litigation cases are similar to Probate litigation and include nearly all of the causes listed above, as well as:

• Trust Modification—some trusts can only be changed by court order.

Trust and probate estate litigation requires substantial experience and skill. We strongly caution that no one should participate in trust or probate litigation without the assistance of a qualified attorney.

We put our experience at your disposal.