A common type of litigation brought before a probate court is estate/trust litigation, otherwise referred to as a “will/trust contest” (which involves disputes over a decedent’s estate/trust). The fact that a person leaves a will/trust does not guarantee that his/her property will be distributed according to the terms of the will/trust. A court must generally provide an opportunity to allow others to object to the will/trust, and a legal challenge, called a will/trust contest, may be brought by anyone with an interest in the will/trust who wishes to challenge the validity or terms of the will/trust. Typical bases for a will/trust contest include allegations that a will/trust was inadequately executed, invalidated by a later instrument, is ambiguous, or was the result of incapacity, forgery or undue influence.
In addition to will/trust contests, there are numerous other types of probate litigation including breach of fiduciary duty actions (see Fiduciary Representation practice area), objections to a guardianship or conservatorship petition (see Guardianship and Conservatorship practice areas), and other types of protective proceedings including disputes over powers of attorney.
Golombek Law, LLC has extensive probate litigation experience. If you are engaged in a probate dispute that may involve litigation, Golombek Law, LLC can help counsel you about the weight of your case and discuss the legal options available to you.