When Family Disputes Arise: Understanding Estate & Probate Litigation
Losing a loved one is difficult enough without the added stress of a legal battle over their final wishes and affairs. Unfortunately, estate disputes are increasingly common as families navigate complex dynamics and significant assets. Understanding the landscape of probate litigation can help you protect your interests and honor the deceased’s intentions. We’ve prepared a basic guide to understanding estate and probate litigation.
Common Types of Estate Disputes
Disputes rarely arise from a single disagreement; they are often the result of long-standing family friction or procedural issues. Common disputes can include:
Will and Trust Contests: Challenging the validity of the document itself which usually involves claims that the person didn’t have capacity to execute the will or trust, or that the person was unduly influenced into signing something.
Breach of Fiduciary Duty: A personal representative and a trustee are fiduciaries and have a legal obligation to act in the best interest of the beneficiaries and to keep the beneficiaries informed. Disputes often arise concerning the actions (or inaction) of fiduciaries.
Interpretation of Agreements: Ambiguous language in a will or trust can lead to fights over who gets what and how to handle assets.
When to Involve an Attorney
While some minor disagreements can be settled over a family dinner, if any of the types of disputes described above seem likely, it may be time to seek legal counsel.
What to Expect in the Litigation Process
Estate litigation isn’t a quick process like you might see on TV. It can be a methodical and often a slow process that often looks like this:
You file a formal petition or objection with the probate court.
Discovery is conducted and both sides exchange documents such as financial records and take depositions. Sometimes expert testimony is needed.
Throughout the litigation process efforts are made to obtain a favorable settlement.
If no settlement is reached a trial is scheduled for the judge to hear the evidence and decide the outcome.
Questions to Ask When Choosing Litigation Counsel
If you foresee estate litigation, choosing the right legal counsel is key. Drafting a will is different than stepping into a courtroom; drafting is about planning whereas litigation is about strategy, evidence, and advocacy, so you want an experienced litigation attorney.
In fact, choosing a litigation attorney is a bit like picking a captain for your ship that’s heading into rough seas. You want someone steady and experienced, who has a map and compass, and knows the risks involved. Consider asking the following when choosing litigation counsel:
How much of your practice is dedicated specifically to litigation? Estate litigation?
Have you handled cases like mine?
What are the strengths and weaknesses for my case?
If you are facing a potential dispute over a loved one’s estate, let the Blethen Berens litigation team guide you through the storm. With our deep bench of experience, a culture of internal collaboration, and a compassionate understanding of high-stakes family dynamics, we provide the steady hand and strategic edge you deserve.