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Contested Probate Litigation

Probate Litigation takes place when an interested party makes a claim or raises a dispute during the Probate process. Disputes over probate estates and Trusts can be emotional and stressful, and may arise for a variety of reasons. The following disputes can lead to probate and Trust litigation;

Common Probate and Trust Disputes

Will Contests

  • Lack of Will Formalities
  • Lack of Capacity to Make a Will
    • Insane Delusion
  • Undue Influence
  • Fraud
  • Duress
  • Mistake

Other Contested Probate Areas

  • Removal of Personal Representative
    • Waste or Maladministration
  • Proceedings to construe or interpret the Will
    • Re-establishing a lost or destroyed Will
  • How to Revoke a Will
  • Dependent Relative Revocation (DRR)
  • Asserting and Determining Elective Share
  • Homestead Litigation
  • Disputes over Jointly Held Assets
  • Disputes over Intervivos (or during life) gifts from the Decedent
  • Pretermited Spouses
  • Will Contracts/Joint Wills and Reciprocal Wills
    • Specific performance of a joint will
  • Tortious Interference with an Expectancy
  • Wrongful Destruction of Will
  • Wrongful Conduct Preventing Execution of Will
  • Breach of Contract to Execute a Will

Trust Contests

  • Lack of Trust Formalities
  • Lack of Capacity to Make a Trust
    • Insane Delusion
  • Undue Influence
  • Fraud
  • Duress
  • Mistake

Trust Disputes

  • Breach of Fiduciary Duty of Trustee
  • Demands for Trust Accounting
  • Removal of Trustee
  • Conversion of Trust Assets
  • Attorney Fee entitlement and calculation

Anytime a dispute arises during the probate process, interested parties should speak to an experienced attorney. Our team at Dibert Law Group understands the emotional stress involved in disputes, and will approach your case with care and respect. If you have any questions regarding contested probate litigation, we are here to help.

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