Trust & Probate Litigation

What is Litigation?

Litigation is the process of resolving civil disputes in a Court of law. Being in Litigation is being in a lawsuit.

In many cases, Litigation is the most expensive and difficult means of conflict resolution and should be used only as a last resort. However, when needed, Litigation can provide relief when all other means have failed.

What is Probate Litigation?

Probate Litigation occurs in the Probate Court where a Probate estate is being administered. Probate Litigation can take many forms, including the following:

1. Will Contests. A Will Contest is a lawsuit that seeks to nullify a Will due to legal insufficiency or because the decedent lacked the mental capacity to formulate a Will or was unduly influenced to create the Will.
2. Removal Actions. A Removal Action is a lawsuit filed by a beneficiary to remove the estate representative from office because of some improper conduct.
3. Accounting Actions and Objections to Accountings. An Accounting Action or Objections to Accountings are lawsuits filed by a beneficiary to have an estate representative fully reveal and explain the estate’s financial activity.
4. Heirship Modification. An action for Heirship Modification is one in which a person seeks to prove that he is an heir of the decedent.
5. Action for Damages. A beneficiary may sue an estate representative personally for money if the representative has materially breached his duties.
6. Instructions. In some cases, a representative finds herself in a position where she could be sued no matter what she does. In these instances, the representative can petition the Court for instructions on what to do.
7. Construction. In some cases, a Will is written improperly or in an ambiguous manner. In these instances, a representative or beneficiary can petition the Court for a binding interpretation of the document.
8. Citations. Citation actions are lawsuits in which a person seeks to augment the value of the estate by recovering property from a third person.
9. Claims. Claims are actions filed by third parties seeking to recover money or property from an estate.
10. Challenges to Fees. In some cases, a representative or his attorney may have charged fees to the estate that are suspect. A beneficiary has the ability to bring an objection to the payment of those fees.

What is Trust Litigation?

Trust Litigation is very similar to Probate Litigation except that it pertains to Trusts (not Probate Estates). Trust Litigation includes nearly all of the causes listed above with the potential addition of others, such as:

k. Trust Modification. Irrevocable Trusts cannot be amended except by court order. An action for Trust Modification can sometimes be used to amend an Irrevocable Trust.

Trust and Probate Estate Litigation requires substantial experience and skill. No one should participate in Trust or Probate Litigation without the assistance of a qualified attorney.