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.
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.
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.
Your Dedicated
Estate & Trust Litigation Team
FOUNDER, ATTORNEY AT LAW
Sarah focuses on estate planning, wills, estate and trust administration, and guardianships.
PARTNER, ATTORNEY AT LAW
Nobile leads our litigation practice, which includes will contests, trust disputes, contested guardianships, contested conservatorships, contested power-of-attorney cases, and financial exploitation issues.
AnnaMae Hughley
LITIGATION PARALEGAL
Julia Hoeve
LEGAL ASSISTANT
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.