Related to probate matters
Probate matters are litigated when disputes arise during the administration of a deceased person’s estate. Common probate litigation issues include:
- Will contests: Disputes over the validity of a will, often involving claims that the will was forged, created under undue influence, or signed when the decedent lacked the mental capacity to understand its terms.
- Executor misconduct: Litigation may arise if beneficiaries or heirs believe the executor is mismanaging the estate, acting fraudulently, or failing to carry out their duties.
- Disputes among heirs or beneficiaries: Conflicts over how assets should be divided, especially when there is ambiguity in the will or disagreement over its interpretation.
- Intestate succession disputes: When someone dies without a will, disputes may arise over who the rightful heirs are and how the estate should be distributed according to state intestacy laws.
- Creditor claims: Disputes over the validity or priority of claims made by creditors against the estate, including disagreements about outstanding debts or obligations of the deceased.
- Guardianship or conservatorship challenges: When there is disagreement over the appointment or actions of a guardian or conservator who is responsible for managing the affairs of a minor or incapacitated person.
- Trust disputes: Litigation can arise over the administration, interpretation, or distribution of assets in a trust, especially if beneficiaries believe the trustee is mishandling the trust or not adhering to the terms.
Probate litigation often involves complex legal issues, requiring court intervention to resolve disputes fairly and according to the law.