Do you have a legal dispute concerning a loved one’s estate, or has a family member raised an issue regarding an estate or trust that you manage in Scottsdale? These disputes may involve the validity of estate planning documents or claims of misconduct against a loved one or their estate.
When you find yourself embroiled in estate litigation, hiring seasoned legal counsel can help you pursue a fair and favorable resolution that serves your or your family’s interests. Contact Mushkatel, Gobbato, & Kile, P.L.L.C. for an initial case evaluation with a knowledgeable Scottsdale estate litigation lawyer to learn how our firm will advocate for you in estate litigation to protect your legal and financial interests. Let us show you why we have earned the respect and trust of clients we’ve guided through the estate litigation process in Scottsdale.
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What Is Estate Litigation?
Estate litigation occurs when parties have a dispute over the validity of estate planning documents, the meaning of provisions of an estate planning document like a will or trust, or the actions taken during estate or trust administration. Estate litigation may lead to the rejection of a will, termination of a trust, establishment or termination of guardianship or conservatorship, the removal of an executor, administrator, trustee, guardian, or conservator, or an award of financial compensation to a party who has sustained financial losses due to the actions of a personal representative or trustee.
What Are Common Issues in Estate Litigation?
Examples of cases that may arise in estate litigation include:
- Disputes over whether a will is valid, whether it was replaced or revoked, or whether it was signed under pressure or by someone lacking capacity. These cases may also question the meaning of the will or the choice of executor.
- Legal challenges involving the validity of a trust or how its terms are interpreted.
- Claims that a trustee, executor, agent, or guardian failed to carry out their duties properly.
- Requests from heirs or beneficiaries asking for financial accountings from a trustee or executor.
- Petitions to appoint a guardian or conservator for someone who is allegedly unable to manage their affairs.
- Claims by individuals seeking a share of an estate or trust, or demanding a distribution.
- Creditor claims seeking payment from a deceased person’s estate.
When Could Estate Litigation Be Necessary?
Estate litigation may become necessary when a party has legitimate reasons to dispute the validity of a will, trust, or other estate planning document, challenge a personal representative’s or trustee’s interpretation of a document’s provisions, or allege negligence or misconduct by a personal representative, trustee, attorney-in-fact, guardian, or conservator. Estate litigation can help ensure that a person’s true estate planning objectives get carried out or recover financial losses caused by a party’s errors or misconduct.
What Is a Will Contest?
A will contest is a legal proceeding in which an interested party challenges the validity of a deceased individual’s will. In a will contest, a party alleges that the will presented for probate does not represent the decedent’s true wishes or challenges the will’s validity for other reasons.
Some of the claims raised in will contests include:
- The decedent lacked testamentary capacity when they signed the will
- The decedent suffered from undue influence or duress when making the will
- The will does not meet all the statutory requirements for enforcement, including signatures and witnesses
- Someone forged the will or the decedent’s signature.
Parties with a direct financial interest in the estate may launch a will contest, including beneficiaries, the decedent’s heirs under state intestate succession laws, or beneficiaries named in a prior or alternative version of the decedent’s will.
A court must hold a hearing or trial to resolve a will contest. The party contesting the will must present sufficient evidence to meet their burden of proof of the will’s invalidity. Should a will contest succeed, the court can invalidate the will and either accept a valid prior will signed by the decedent or order the decedent’s estate distributed under intestate succession laws.
People may seek to prevent will contests during the administration of their estate by incorporating “no-contest” clauses in their wills. These clauses disinherit beneficiaries who file a will contest. Thus, interested parties must weigh the risks and financial implications of contesting a will with a “no-contest” clause, as they may stand to lose their inheritance if they cannot invalidate the will or its no-contest clause.
How Often Do Will Contests Occur?
Will contests occur only in a small percentage of all probate cases, but happen frequently enough to represent an essential part of an estate litigation practice. However, certain factors and circumstances can increase the likelihood of a will contest in a probate cause, such as:
- Allegations of undue influence upon a decedent or allegations that the decedent lacked capacity to make their will
- The existence of multiple versions of a decedent’s will
- The inability to locate the decedent’s original signed will
- Vague, ambiguous, or outdated will provisions (e.g., the will makes bequests to beneficiaries who predeceased the decedent)
- Personal disputes or animosity among family members.
Can an Estate Sue a Beneficiary?
An estate may bring a legal claim against a beneficiary under certain circumstances. For example, an estate may sue a beneficiary:
- To recover misappropriated assets for probate
- To recover distributions erroneously made to them
- To assert a claim that the beneficiary exercised undue influence over a decedent to get them to change their will in favor of the beneficiary
- To disinherit them under various legal doctrines, such as the slayer rule (which prohibits a person from inheriting from the estate of a decedent they intentionally killed).
Contact a Scottsdale Estate Litigation Lawyer
Contact Mushkatel, Gobbato, & Kile, P.L.L.C., today for a confidential consultation with an experienced Scottsdale estate litigation lawyer to discuss your case and learn more about your legal options for protecting your rights and interests during a will contest or another dispute over an estate plan. We have a combined 50 years of experience and are equipped to provide the highly personalized, full-service legal support you need.
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