Trust, probate, and conservatorship litigation refers to legal disputes that arise over the administration of an estate, will, or trust after someone passes away. These disputes often involve beneficiaries, heirs, trustees, executors, or other interested parties and can be complex due to emotional, financial, and legal challenges.
1. Trust Litigation
Trust litigation arises when there are legal disputes regarding the creation, management, or distribution of a trust. Trusts are designed to avoid probate and provide clear asset distribution, but conflicts can still occur, often involving trustees, beneficiaries, or creditors.
Common Trust Litigation Issues
- Trust Contests – Similar to will contests, these disputes challenge the validity of a trust due to undue influence, fraud, or lack of capacity.
- Breach of Fiduciary Duty by the Trustee – Trustees have a duty to act in the best interests of the beneficiaries. Lawsuits may arise if a trustee is accused of mismanagement, self-dealing, or failure to distribute assets correctly.
- Failure to Follow Trust Terms – Beneficiaries may sue if a trustee does not adhere to the trust’s instructions regarding distributions, investments, or other provisions.
- Accounting Disputes – Beneficiaries have the right to request financial records from the trustee. If the trustee refuses or provides inaccurate information, litigation may follow.
- Modification or Termination of a Trust – Legal action may be taken to modify or dissolve a trust due to changing circumstances, ambiguity, or disputes over the settlor’s intent.
2. Probate Litigation
Probate litigation involves legal conflicts that arise during the probate process, which is the court-supervised procedure of administering a deceased person’s estate. These disputes typically occur when there are disagreements over the validity of a will, the actions of the executor, or the distribution of assets.
Common Probate Litigation Issues
- Will Contests – A challenge to the validity of a will due to allegations of fraud, undue influence, lack of capacity, or improper execution.
- Executor Misconduct – Claims that the executor (or personal representative) is mismanaging the estate, failing to distribute assets properly, or acting in their own interest.
- Intestate Succession Disputes – If the deceased had no will, heirs may dispute how assets should be divided under state intestacy laws.
- Creditor Claims – Disputes over debts owed by the estate, including whether a creditor’s claim is valid or excessive.
- Breach of Fiduciary Duty – Allegations that the executor is not fulfilling their legal responsibilities, such as failing to pay taxes, hiding assets, or misappropriating funds.
3. Conservatorship Litigation
Conservatorship litigation refers to legal disputes surrounding the appointment, actions, or removal of a conservator—an individual or entity appointed by the court to manage the financial and/or personal affairs of an incapacitated person (known as the “conservatee”). These cases can be emotionally and legally complex, often involving family members, caregivers, or interested parties contesting the conservatorship.