Probate Litigation

Probate litigation results from legal disputes about issues related to aging, disabilities, and death. Court battles can ensue over those still alive, such as guardianships and conservatorships, as well as legal fights over powers of attorney, patient advocate designations, and living wills. It also includes legal challenges when someone has passed on, including cases involving wills, trusts, estates, asset disputes, joint bank accounts, gifts, and any other disputes that arise between family members when a loved one dies. Sometimes probate litigation is called a “family feud,” because it typically involves disputes between family members. However, many probate litigation cases center around families trying to protect loved ones, or recover property and money from third parties such as caregivers, financial planners, insurance or annuity salesmen, and “significant others.”

Situations that may trigger probate litigation include:

  • Contesting A Will
  • Administrator Appointments
  • Executor Fee Disputes
  • Formal Accountings
  • Spousal Elective Share
  • Guardianship Disputes
  • Trustee Removals