Estate litigation lawyers specialize in resolving legal disputes related to trusts and estates. These legal issues can involve disagreements over the validity of a will, the interpretation of trust documents, the actions of executors and trustees, or the distribution of assets among beneficiaries. Working with an attorney who focuses on these areas of law ensures that your legal rights are protected and that the legal process is handled correctly.

While careful estate planning may help avoid many disputes, unforeseen conflicts can still arise when someone passes away. While some disputes are based on factual justifications, others stem from emotions or vindictiveness, which can complicate and delay the resolution of these matters.

Disputes over Non-Probate Assets

Disputes can also arise over assets that are not part of the probate estate, such as jointly owned property, life insurance proceeds, retirement accounts, or assets held in transfer-on-death accounts. The underlying issues in these cases typically revolve around whether the deceased had the mental capacity to create or modify these types of legal documents, or who should serve as their guardian.

Breach of Fiduciary Duty

Beneficiaries may pursue estate litigation when they believe that executors and trustees have breached their fiduciary duties, often by mismanagement or self-dealing. To file a complaint, the interested party must prove that they have legal standing, which requires them to have a valid interest in the outcome of the dispute.