Probate litigation is the legal process for resolving disputes related to wills, trusts, guardianships, conservatorships and elder financial abuse. A probate litigation lawyer steps in once conflict has begun, guiding families through complex and often emotional probate court matters.
- Probate litigation can be used to enforce inheritance rights and ensure fairness when assets are being distributed, divided or sold after death.
- Estate planning attorneys aim to proactively prevent conflict; probate litigation lawyers step in when there is a conflict related to an estate plan.
- Common reasons to hire a probate litigation lawyer include: contesting wills and trusts, suing fiduciaries, enforcing inheritance or creditor rights, protecting vulnerable adults or minors, stopping elder financial abuse and appealing probate court decisions.
Losing a loved one is hard enough without having disagreements over wills, trusts or estates. You shouldn’t have to navigate the legal process alone while managing your grief.
When facing legal challenges at a sensitive time, it can be helpful to have an advocate on your side. It’s why many bereaved individuals turn to probate litigation lawyers. These knowledgeable professionals bring competence and skill to the table so you can focus on your healing from your loss.
Do you think you could benefit from probate litigation services? We’ve created this guide to assist you in determining whether probate litigation is right for you and your family. We want to help you understand when hiring a lawyer may be necessary and how the process might impact you and your loved ones.
Learn more about probate litigation and take the first steps toward resolving your probate dispute.
What Is Probate Litigation?
Probate litigation is the legal process through which conflicts involving estate plans, the administration of trusts or estates, and the protection of vulnerable individuals — such as elders, dependent adults and minors — are formally resolved in court.
Probate litigation is commonly used to resolve:
At its core, probate litigation is about protecting legal rights and ensuring a fair outcome. When emotions are running high, family disagreements may quickly escalate. A probate dispute attorney helps bring clarity to the process and works toward a resolution grounded in the law.
What Is a Probate Litigation Attorney?
A probate litigation attorney focuses on resolving legal disputes related to wills, trusts, guardianships, conservatorships and elder financial abuse. These lawyers are experienced in navigating complex and emotionally charged probate court proceedings while advocating for their clients’ rights.
Probate litigators aim to resolve probate disputes fairly and efficiently. They protect clients’ rights, fight for rightful inheritances and help safeguard vulnerable adults or minors when the stakes are high.
What Is the Difference Between an Estate Planning Attorney and Probate Litigation Attorney?
Both probate litigation lawyers and estate planning lawyers work with wills, trusts and powers of attorney. However, their roles differ significantly.
An estate planning attorney helps build a legal framework to protect individuals and their assets before incapacity or death. A probate litigation lawyer, on the other hand, intervenes when that framework is challenged or when disputes arise concerning the legitimacy of estate planning documents, management of an estate or trust, or vulnerable individual.
Here’s a comparison chart to help make the distinction clear:
Estate Planning Attorney | Probate Litigation Lawyer |
Assists before incapacity or death | Steps in after incapacity or death when conflict arises |
Helps prepare wills, trusts and health directives | Handles disputes related to wills, trusts, estates, property, fiduciaries, conservatorship or guardianship |
Focuses on preventing future conflicts | Focuses on resolving current conflicts |
Drafts documents like powers of attorney | Challenges suspected power of attorney abuse |
Ensures final wishes are documented | Ensures decedents’ final wishes are honored and enforced |
While some estate planning attorneys also handle probate litigation, and vice versa, clients often prefer working with a lawyer who focuses exclusively on trust and probate litigation for their specialized expertise.
7 Reasons You Might Hire a Probate Litigation Attorney
Probate litigation is a highly complex area of the law, and family disputes can escalate quickly. Below are seven common situations in which hiring a probate litigation lawyer may be necessary. We’ve also included real-world examples to illustrate how each situation can arise.
1. You Want to Dispute a Will or Trust
Example: Your mother rewrote her will while in hospice care. In the new will, she left everything to one sibling, despite years of saying she wanted an equal split. A probate litigation lawyer can help you contest the will if undue influence or a lack of capacity may have been involved.
Probate litigation lawyers can detect when there are problems with estate planning documents — whether you suspect the documents to be invalid or they’re simply unclear. Their services can help ensure you receive the inheritance you’re entitled to under a will or trust.
Ask yourself:
- Is there ambiguous language in a will or trust?
- Does a will or trust fail to reflect the known final intentions of its creator?
- Did a deceased person create a will or trust under undue influence or at a time when they lacked capacity?
2. You Want to Sue a Fiduciary
Example: You suspect the trustee of your father’s trust used trust funds for personal expenses and have requested an accounting to confirm the misconduct. The trustee, however, is refusing to provide it. A probate litigation lawyer can demand accountability and help safeguard assets.
Fiduciaries are required to always act in the best interests of the individuals they represent. When they fail to do so, a probate litigation attorney can help compel compliance and recover financial losses.
Ask yourself:
- Was there a misappropriation of trust funds by the trustee?
- Is a trustee or executor refusing to provide accounting to beneficiaries?
- Is an attorney-in-fact failing to satisfy their power of attorney obligations to family members or misusing their authority?
3. You Want to Enforce Your Inheritance Rights
Example: A trust requires that distributions to beneficiaries be made annually on the anniversary of the trust creator’s death. Despite that date having passed, the trustee refuses to make distributions. In this situation, a probate litigation lawyer can file a petition with the court to compel the trustee to comply with the trust’s terms and issue the overdue distributions without further delay.
When an inheritance is delayed, improperly withheld or placed at risk without legal justification, a probate litigation attorney can take decisive action to enforce your rights, hold fiduciaries accountable and ensure you receive the inheritance you are entitled to receive, when you are entitled to receive it.
Ask yourself:
- Is an estate holding property that was supposed to be distributed to you via a trust, or vice versa? Does an 850 petition need to be filed?
- Did someone steal property from a deceased person when they were alive? Was that property supposed to eventually pass to their estate beneficiaries or trust beneficiaries?
- Are there disagreements over how to divide property between siblings? Does a partition action need to be filed?
4. You Suspect an Elder is Being Financially Abused
Example: A caregiver pressures your elderly father into transferring his life savings to her. A probate litigation lawyer can intervene to stop the abuse, implement legal safeguards to protect your father and recover the misappropriated funds.
If elder financial abuse is ongoing, it’s critical to stop the abuse and undo the damage it may have already caused. In California, elder financial abuse can be litigated before or after death. A probate litigation lawyer can help navigate the legal process.
Ask yourself:
- Is a caretaker or trusted individual stealing from the home of a dependent adult?
- Is someone manipulating your elderly parents to give away their property?
- Is a sibling pressuring your elderly mother to change her will or trust?
5. You Want to Protect a Vulnerable Adult or Minor
Example: A relative is seeking guardianship of your child without good cause. A probate litigation lawyer can contest the petition to help keep your family together.
The laws that govern contested conservatorships and guardianships are complex and nuanced. For this reason, a probate litigation attorney may be necessary to prove your position.
Ask yourself:
- Is an elderly loved one struggling to manage their personal or financial affairs?
- Are your family members aggressively fighting to become legal guardian of your child?
6. You Want to Enforce Your Creditor Rights
Example: Your former partner passed away. They owed you money under a written agreement. A probate litigation lawyer can help enforce your claim against your partner’s estate.
Creditor disputes follow strict rules, procedures and deadlines — and mistakes can limit your ability to recover what you’re owed. A probate litigation attorney can help ensure claims are filed correctly and on time while advocating for your rights throughout the process.
Ask yourself:
- Do you need to enforce a judgment against a deceased debtor’s estate?
- Do you need to enforce an agreement you made with your unmarried cohabitating partner around money or property before they died?
7. You Want to Appeal a Probate Court Decision
Example: You lost your will contest because a judge erroneously excluded certain evidence from being admitted. A probate litigation lawyer can evaluate your grounds for appeal and, if you qualify, guide you through the complex probate appeals process.
Winning a probate appeal can be challenging without skilled legal counsel. Working with a probate litigation attorney gives you the strongest chances of a successful outcome.
Ask yourself:
- Did a probate court or judge err in interpreting or applying the law to your probate dispute?
- Did they err in deciding what evidence could or could not be considered?
Frequently Asked Questions About Probate Litigation Lawyers
Still confused about when a probate litigation lawyer is needed? Explore the frequently asked questions below for additional guidance.
What is the meaning of probate litigation?
Probate litigation refers to disputes initiated in probate court. Probate disputes often arise after a person’s incapacity or death, and may involve wills, trusts, estates, conservatorships, guardianships or elder financial abuse.
What is the meaning of estate litigation?
Estate litigation consists of legal disputes involving how an estate is managed or distributed. It often includes will contests, executor misconduct claims and property disputes.
What does a probate court deal with?
Probate courts often handle cases involving wills, trusts, estates, guardianships, conservatorships and elder financial abuse. They frequently oversee the fair and proper administration of a person’s affairs after incapacity or death.
How long does probate litigation take in California?
Probate litigation can take anywhere from six months to two years or longer, depending on the specifics of your case. Matters may resolve more quickly if the parties are open to settling out of court or if only a few claims are involved, while cases with multiple claims or unwilling parties may take longer.
How much does it cost to hire a probate litigation attorney?
How much it costs to hire a probate litigation attorney varies depending on the specifics of your case. Straightforward probate litigation matters that settle early typically are less expensive to resolve than complex cases involving extensive litigation, which can drive costs much higher. For an accurate estimate, consult with an attorney.
What is the probate litigation process in California?
The probate litigation process usually entails filing a petition with the court, waiting for your opponent’s response, engaging in the discovery process and then going to trial. However, most probate disputes settle out of court before trial.
Is estate litigation the same as probate?
No, but estate litigation is part of probate litigation. Probate litigation is broader and can also include disputes about trusts, conservatorships and elder financial abuse in addition to estates.
Need Guidance on Probate Litigation?
Probate disputes tend to be complex and emotionally charged. It can help to have an advocate in your corner who understands both sides.
At Keystone Law, we focus exclusively on probate litigation and administration. This singular focus allows us to offer clients the depth of knowledge, skill and ingenuity that complex probate disputes require.
We recognize that every case is different, and every client deserves to feel heard and supported. Our goal is not only to protect your legal rights but to guide you through a legal process that can otherwise feel daunting.
If you are unsure whether you need a probate litigation lawyer, our attorneys are here to answer your questions. You do not have to navigate this alone.
Fill out the form to connect with a probate litigation lawyer today.
