Understanding Probate Litigation: A Guide to Resolving Disputes

Wills and trusts are often used to help determine how a person’s estate and other situations are handled after a person dies. Without them, the estate must go through probate so the courts can decide how the estate is split between potential beneficiaries. Even if there is a will or trusts, though, there can be disputes that will mean litigation is possible. When this happens, it is a good idea to work with a lawyer to determine how to resolve the disputes. 

Reasons Litigation Can Occur

Litigation can occur when someone feels they were left out of a will, when there is a disagreement over who is supposed to inherit assets, or when there is any concern with the trusts. Whenever there is a question about how something is handled or a concern that something is not being handled appropriately, a probate litigation lawsuit can occur. There are ways to handle disputes prior to going to court, but it is always recommended to speak with an attorney before making a decision. 

Contesting a Will or Trust

It is possible that beneficiaries or those who are not listed as beneficiaries may contest part or all of a will or trust. This may happen if they believe the will is invalid, if they believe there is a more updated version, or if they believe they were left out inadvertently. When this happens, the person in charge of the estate may be able to come to an agreement with them on how to handle the dispute. If this is not possible, going to court may be the best way to resolve the issue and move forward with handling the estate. 

Disputing Guardianship

When the person who dies has a minor or an adult child in need of care, they may create a guardianship in their will to decide who will take care of the person going forward. It is possible to contest the guardianship if someone doesn’t believe it is in the best interest of the minor or adult child, or if they want to look into other avenues for care. Disputes may be settled by deciding on a different option, if everyone is okay with the new option, or by taking the case to court for a judge to decide. 

Dealing With a Breach of Fiduciary Duty

The person in charge of the estate, until it is split amongst beneficiaries or in charge of trusts, will have a fiduciary duty of care to ensure the assets are taken care of properly. If this is not done, the heir or heirs can go to court for a breach of fiduciary duty. This can be decided out of court if the person in charge is willing to make changes to who handles the estate or trusts, or it may need to be decided in court. A lawyer is needed to help prove the breach and work on determining the next steps. 

If you’re in charge of an estate or a potential beneficiary for an estate and there are any issues, it’s a good idea to talk to an attorney about the situation right away. They can review what is occurring and help provide information on how to handle and resolve the dispute. Schedule a consultation now to learn more about how they can help with your situation.