Probate litigation arises when disputes occur over the administration of an estate, often involving wills, trusts, or asset distribution. At Beckemeier LeMoine Law, we guide clients through these challenging situations with clarity, protecting their rights and helping resolve conflicts efficiently. Whether addressing will contests, fiduciary breaches, or family disputes, our team provides practical, client-focused counsel to achieve the best possible outcome.
Probate Litigation, Defined
Probate litigation refers to disputes that arise during the administration of a deceased person’s estate. These often involve disagreements over the validity of a will, interpretation of its terms, or the proper distribution of assets. Common probate litigation issues include contested wills, allegations of undue influence, breaches of fiduciary duty, and conflicts between beneficiaries. At its core, probate litigation seeks to resolve these disputes through court intervention, ensuring the estate is administered according to the decedent’s wishes.
Our Probate Litigation Services:
- Resolving disputes over contested wills and trusts
- Addressing claims of undue influence or lack of capacity
- Representing clients in fiduciary misconduct or breach of duty cases
- Handling disagreements among heirs, beneficiaries, or family members
- Challenging improper asset distribution or administration
- Defending or prosecuting claims involving non-probate transfers
- Assisting with disputes related to executor or trustee responsibilities
- Providing guidance on estate-related court proceedings and settlements
Probate Litigation FAQs
What Are Common Reasons for Probate Litigation?
Probate litigation can occur for many reasons, including:
- Claims of undue influence or fraud in creating a will or trust
- Allegations that the decedent lacked capacity when signing estate documents
- Disputes over the interpretation of unclear or conflicting provisions in a will or trust
- Breaches of fiduciary duty by executors, trustees, or personal representatives
- Challenges to non-probate transfers, such as payable-on-death accounts or joint tenancy property
- Disagreements among beneficiaries over asset distribution or estate management
Who Can Initiate Probate Litigation?
Any interested party with a legal stake in the estate can initiate probate litigation. This includes heirs, beneficiaries, creditors, executors, trustees, or other individuals affected by the estate’s administration. For example, a beneficiary might file a lawsuit to contest a will, or a creditor might bring a claim if the estate fails to pay debts.
What Happens if a Will Is Contested?
When a will is contested, the court evaluates its validity. The contesting party must present evidence supporting their claim, such as lack of capacity, undue influence, or improper execution of the document. If the court determines the will is invalid, it may rely on a previous valid will or, in the absence of one, distribute assets according to state intestacy laws.
How Long Does Probate Litigation Take?
The duration of probate litigation depends on the complexity of the case. Simple disputes may be resolved within a few months, while more contentious or multifaceted cases can take years to conclude. The timeline can also be impacted by factors such as the availability of evidence, the number of parties involved, and court schedules.
Can Probate Litigation Be Settled Outside of Court?
Yes, many probate disputes are resolved through mediation or negotiation without going to trial. Settling outside of court can save time, money, and emotional stress. However, if parties are unable to reach an agreement, the case may proceed to litigation in probate court.
What Is a Fiduciary Breach, and How Does It Relate to Probate Litigation?
A fiduciary breach occurs when an executor, trustee, or other fiduciary fails to fulfill their legal duties, such as acting in the interests of the beneficiaries or managing the estate responsibly. This can occur due to mismanaging assets, failing to follow the terms of a will or trust, or self-dealing for personal gain. Probate litigation often involves addressing and resolving fiduciary breaches to protect the estate and its beneficiaries.
Can a Trust Be Contested in Probate Court?
Yes, trusts can be contested in probate court under certain circumstances. For example, a beneficiary or heir may challenge the trust’s validity if they believe the document was created under undue influence, fraud, or while the decedent lacked capacity. Disputes may also arise over how the trust is administered, requiring court intervention to resolve.
How Can I Avoid Probate Litigation in My Estate Plan?
While it’s impossible to guarantee that an estate will avoid litigation, careful planning can minimize the risk. Steps to consider include:
- Drafting a clear, legally sound will and trust with the help of an attorney
- Updating estate documents regularly to reflect changes in family dynamics or laws
- Including no-contest clauses to discourage legal challenges
- Communicating openly with family members about your wishes
- Choosing a trustworthy and competent executor or trustee to manage your estate
Do I Need a Lawyer for Probate Litigation?
Probate litigation involves complex legal and procedural issues, making it highly advisable to work with an attorney. A skilled probate litigation lawyer can evaluate your case, protect your rights, and advocate for your interests during negotiations or court proceedings.
Why Choose Us?
Beckemeier LeMoine Law is a dedicated firm that combines the capabilities of a large practice with the personalized attention clients deserve. We are committed to delivering practical, client-centered solutions while minimizing stress and protecting your rights. With a history of responsive service and intentional representation, we help you through every step of the process. Contact us today to discuss how we can support you during probate litigation.
Missouri