Estate & Trust Litigation
Trust and estate litigation is the legal process that arises when there are disputes over a person’s will, trust, or estate after they pass away or become incapacitated.
This can include conflicts between heirs, beneficiaries, trustees, or executors over issues like the validity of a will, mismanagement of assets, or unclear instructions. The goal is to resolve these disagreements through the court to ensure that the deceased’s wishes are honored and assets are distributed fairly and legally.
Deliverables
Estate litigation involves disputes and clarifies rights related to a deceased or incapacitated person’s estate:
- Validating or contesting a will or trust if there are concerns about fraud, undue influence, coercion or lack of capacity.
- Removing or replacing executors or trustees who are mismanaging the estate, acting unfairly or not acting at all.
- Interpreting unclear or conflicting terms in a will or trust to carry out the decedent’s true intentions.
- Recovering misappropriated assets or holding someone accountable for financial misconduct.
- Ensuring fair distribution of assets among rightful heirs and beneficiaries.
Ultimately, estate litigation helps protect legal rights, ensure transparency, and provide closure to families during difficult times.
We understand the emotional and financial challenges that can arise when a loved one passes away or becomes incapacitated, and we’re here to protect your rights and ensure that their true intentions are honored. We use our litigation skills and legal knowledge to fight for fair outcomes. With compassion, discretion, and determination, we guide our clients through every step of the process.
Who is Estate & Trust Litigation for?
Estate litigation can be emotional and complex, but our experienced team is here to protect your rights, resolve conflicts, and ensure your loved one’s true wishes are honored.
- Those facing a dispute over a will, trust, or estate, we’re here to help.
- Beneficiaries, heirs, or family members who believe something isn’t right—whether it’s being unfairly excluded, suspecting undue influence or fraud, or dealing with a trustee or executor who isn’t acting in the estate’s best interest.
- Fiduciaries who need guidance or are facing legal challenges while carrying out their duties.
Your Dedicated Estate & Trust Litigation Team
In estate litigation, our attorney, paralegal, and legal assistant work together as a coordinated team to provide efficient, responsive, and high-quality service.
Together, this team approach allows us to handle your matter thoroughly and efficiently, so you always know your case is in capable hands with the attention it deserves at every stage.
Attorney at Law
The attorney leads the legal strategy, offers advice, represents you in court, and makes key decisions based on the facts and law.
Paralegal
The paralegal supports the attorney by managing case documents, conducting legal research, preparing drafts of pleadings, and organizing evidence to keep the case moving forward.
Legal Assistant
The legal assistant plays a crucial role in maintaining communication, scheduling appointments, filing documents, and ensuring deadlines are met.
Frequently Asked Questions
1. What is estate litigation and when is it necessary?
Estate litigation involves legal disputes related to wills, trusts, or estates, often when there’s disagreement among heirs, concerns about the validity of documents, or questions about asset management.
2. How long does an estate litigation case usually take?
The timeline varies widely depending on the complexity of the case, the level of cooperation among parties, and the court’s schedule; some cases resolve in a few months, while others may take years.
3. How much does estate litigation cost?
Costs depend on factors like case complexity, attorney fees, court expenses, and whether the case settles or goes to trial. We will discuss fees upfront to the best of our ability, but understand that estate litigation can be costly.
4. Can I settle an estate dispute without going to court?
Yes, many estate disputes are resolved through negotiation or mediation, which can save time and reduce costs compared to full litigation.
5. What should I bring to my first meeting with an estate litigation attorney?
Bring any relevant documents such as wills, trusts, financial records, correspondence related to the dispute, and a clear summary of the issues and parties involved to help us understand your case fully.