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Disputes over a loved one’s estate can arise when family members have different expectations about inheritances, trust distributions, or the actions of a personal representative. These conflicts can become emotionally charged, especially when money, property, or sentimental assets are involved. A will that seemed straightforward at first may suddenly be questioned, or a personal representative’s decisions may come under scrutiny. When disagreements escalate, probate litigation may be the only way to reach a resolution. If you’re caught in an inheritance dispute, understanding your rights and legal options can make all the difference in protecting your interests.
Common Causes of Probate Litigation
Family conflicts over an estate can lead to probate litigation when disagreements cannot be resolved on their own. Some of the most common reasons heirs end up in court include:
- Will contests – A beneficiary may challenge a will’s validity due to allegations of undue influence, fraud, or lack of mental capacity when it was signed.
- Breach of fiduciary duty – Personal representatives or trustees have a legal duty to manage the estate properly. Misuse of funds, failure to follow the will’s instructions, or conflicts of interest can lead to legal action.
- Asset distribution disputes – Family members may disagree over how to divide property, money, or sentimental items.
- Omitted or disinherited heirs – A spouse, child, or other close relative may claim they were wrongfully excluded from the will.
- Improper estate administration – If a personal representative delays distributions, mismanages assets, or fails to communicate with beneficiaries, litigation may follow.
Legal Options for Resolving Probate Disputes
When probate disputes arise, there are several ways to resolve them. Some conflicts can be settled through negotiation, while others require court intervention. The right approach depends on the nature of the dispute and the willingness of the parties to find common ground.
- Mediation and settlement negotiations – Many probate disputes can be resolved outside of court through mediation. A neutral third party helps family members reach an agreement, reducing legal costs and preserving relationships.
- Filing a will contest – If you believe a will is invalid due to fraud, undue influence, or lack of capacity, you can challenge it in court. Evidence such as medical records, witness testimony, and financial documents can support your case.
- Petitioning for personal representative removal – If a personal representative is mismanaging the estate, failing to distribute assets, or acting in bad faith, you can request their removal and have a new representative appointed.
- Defending against probate litigation – If you are a beneficiary or personal representative facing a legal challenge, you have the right to defend yourself. A strong legal strategy can protect your interests and ensure the estate is administered properly.
No matter the situation, understanding your options can help you make informed decisions about protecting your inheritance and resolving disputes efficiently.
How We Can Help You
At LaFountain & Wollman P.C., we understand that probate disputes can be stressful and emotionally draining. Whether you are contesting a will, challenging a personal representative’s actions, or defending your role in estate administration, we can help you through the legal process.
Our team works to resolve conflicts efficiently, whether through mediation or litigation. We review estate documents, gather supporting evidence, and develop a strategy that protects your interests. If court intervention is necessary, we are prepared to advocate for you.
Probate litigation often involves complex legal and financial issues, but our team can help. LaFountain & Wollman P.C. provides legal guidance to help heirs, beneficiaries, and fiduciaries understand their rights and responsibilities, ensuring estates are handled fairly and in accordance with the law.
Resolve Probate Disputes with Legal Support
Estate conflicts can be overwhelming, but you don’t have to face them alone. Whether you’re challenging a will, disputing a personal representative’s actions, or defending your inheritance, we can help. Contact LaFountain & Wollman P.C. today to discuss your situation and take steps toward a resolution.