Basics

Probate litigation simply refers to the legal proceedings associated with contesting a will, disputing a trust, seeking redress for a breach of fiduciary duty, quieting title to a property, securing a creditor’s claim, securing property that was wrongfully taken, addressing incapacity or undue influence issues, or tackling a tortious interference with expected inheritance claim.

Details

When a person passes away, his or her assets must be distributed to the rightful heirs and/or beneficiaries. Probate is the court mechanism by which this occurs when someone has no will, has a will, or has a trust but failed to fund all assets into that trust, leaving them subject to probate. If there is no will, state law dictates how assets will be distributed. If there is a last will and testament outlining the wishes of the decedent, the will directs what estate assets will be inherited by whom – i.e. family members, heirs, beneficiaries, or charities. Ideally, these instructions are clear, so that the process proceeds smoothly. However, disputes arise that lead to litigation. Litigation is no small undertaking, subject to specific rules, and deadlines. North Star Law Group helps individuals, heirs, creditors, beneficiaries, executors, and trustees navigate the litigation process to secure the best result.

An executor is the fiduciary, often an individual family member, appointed to fulfill the requirements of a will. A trustee is the fiduciary appointed to fulfill the requirements of a trust. If for whatever reason, they do not act in accordance with the decedent’s instructions or their obligations under the law, then probate litigation is the tool to seek suspension or removal of the fiduciary, appointment of a responsible fiduciary appointed, and recovery of damages from the fiduciary for their fiduciary breach.

 Occasionally, (usually with elderly or impaired loved ones) a will, trust, or estate plan is changed under suspicious circumstances – e.g. in the hospital after a stroke – or to make an unnatural person a beneficiary – e.g. a caregiver. Sometimes a will, trust or estate plan may contain mistakes or omissions that need to be addressed. In any of these cases, a will or trust will need to be legally contested or disputed in court, or court guidance will be needed to resolve the mistake or omission.

 Undue influence refers to a situation in which a person in a position of power takes advantage of another individual. It is one of the most common reasons for contesting a will. Often, an undue influence claim will coincide with a claim that the decedent did not have sufficient mental capacity, and as a result of that incapacity was susceptible to undue influence. If one or more heir or beneficiary believes that someone overcame the decedent’s own desires for their benefit, the heir or beneficiary may challenge the validity of the document or distribution and seek to have the assets of the estate distributed in accordance with what the court confirms to be the decedent’s true wishes.

 As part of undue influence, a probate litigation attorney may challenge the validity of a will if an heir or beneficiary believes that the decedent lacked the mental capacity to make sound judgments about how their assets should be divided.

bottom line

North Star Law Group ensures that every interested person can ensure the proper distribution of assets during the probate process. The probate process is complex and difficult to navigate. We help our clients to ensure the wishes of the decedent are fulfilled.