Probate and Trust Litigation

Probate litigation refers to legal disputes that arise during the probate process, when a deceased person’s estate is being administered. It often involves conflicts over the validity of a will, the interpretation of its terms, or the conduct of the executor or administrator.

It becomes necessary when:

• A will is contested due to suspected fraud, lack of capacity, or undue influence
• Heirs or beneficiaries dispute asset handling or distribution
• There are claims of executor misconduct or breach of fiduciary duty
• No valid will exists, and parties disagree over who should inherit or manage the estate
• Third-party claims arise, such as ownership challenges or creditor disputes

Probate litigation helps make sure the estate is lawfully distributed and that the rights of all interested parties are protected.

A will or trust can be challenged by individuals who have a legal interest in the estate.

This usually includes:

• Heirs-at-law: Family members who would inherit under state intestacy laws if no valid will or trust is in place
• Named beneficiaries: Organizations or individuals included in a previous or current version of the will or trust
• Disinherited parties: Those who received a reduced share or were excluded and believe it was due to fraud, mistake, or coercion
• Creditors: In some cases, if they have a valid financial claim against the estate

The challenger must have standing or a personal financial interest and a legal basis, such as lack of capacity, fraud, undue influence, or improper execution.

Undue influence in estate planning occurs when someone exerts excessive pressure on a person—often an elderly or vulnerable individual—to change their will or trust in a way that benefits the influencer.

Common signs of undue influence include:

• Sudden changes to the will or trust, especially near the end of life
• Isolation of the person from family or long-time advisors
• Unusual or disproportionate gifts to one individual, especially a caregiver or a new acquaintance
• Dependence on the influencer for daily care, finances, or decision-making
• Secrecy or rushed execution of estate documents
• Contradictions between past wishes and current estate documents

If you suspect undue influence, consult with an attorney experienced in undue influence claim litigation to assess the facts and protect the estate’s integrity.

A trustee’s legal duties are defined by the trust document and state law. These duties are designed to protect the interests of the beneficiaries.

Some of the key duties include:

• Duty of loyalty: They should act in the best interests of the beneficiaries, not for personal gain.
• Duty of care: They should be capable of managing trust assets responsibly and prudently
• Duty to account: They must keep accurate records and provide regular updates to beneficiaries
• Duty to follow trust terms: They are responsible for administering the trust according to its instructions

They can be removed when they:

• Fail to act or are unable to carry out their responsibilities
• Breach fiduciary duties (e.g., mismanage funds, fail to communicate, or self-deal)
• Create conflict or distrust among beneficiaries
• Violate the terms of the trust or act outside their authority

Beneficiaries can initiate trustee removal litigation through probate court representation when there is evidence of misconduct, conflict of interest, or neglect.

Aprio Legal can represent multiple parties in an estate dispute, but only under specific circumstances.
Our team can represent if the parties have mutual interests. For example, siblings jointly dispute a will. Or if there’s no conflict of interest, dual representation may be possible with informed consent from all clients involved.

However, if the parties’ interests conflict or could potentially diverge, Aprio Legal will represent only one party to maintain ethical and impartial legal advocacy. In such cases, we can also help refer the other party to independent counsel.

The timeline for probate and trust litigation can vary widely based on the complexity of the case, the number of parties involved, and whether the matter goes to trial.

On average, simpler disputes through negotiation or mediation can reach resolution in 3 to 6 months.

Whereas moderate cases with limited court involvement may take 6 to 12 months. Complex or contested matters can take longer, about 1 to 2 years, especially if appeals are involved.

Factors that affect duration include court schedules, discovery timelines, the need for expert witnesses, and the willingness of the parties to settle.

If someone dies without a will—known as dying intestate—their estate is distributed according to state intestacy laws. These laws determine who inherits, often starting with the spouse, children, or closest relatives.

• Heirs may dispute who should serve as the estate’s administrator
• Family disagreements can occur over asset distribution, especially in blended families or when relationships are strained
• Claims may be made by individuals not recognized under intestacy law, such as stepchildren or unmarried partners
• Credits might also contest how assets are handled

Aprio Legal provides guidance in resolving intestate estate disputes, helping protect client interests while navigating probate court processes.

In cases of elder financial abuse, there are several legal options available to stop the abuse, recover assets, and hold the wrongdoer accountable.

• Civil lawsuits: Filing a claim for restitution, damages, or to void fraudulent transfers
• Guardianship or conservatorship: Requesting court-appointed protection for the vulnerable adult
• Injunctions or restraining orders: Preventing the abuser from accessing accounts or assets
• Criminal referral: Reporting the abuse to law enforcement or adult protective services
• Probate court actions: Challenging changes to wills, trusts, or powers of attorney made under undue influence

Aprio Legal offers trusted counsel for families and individuals pursuing elder financial abuse legal action, helping safeguard the rights and dignity of at-risk adults.