Common Reasons for Estate Litigation

1. Will Contest usually involving issues about capacity, duress, fraud, undue influence
2. Will Challenges can also be about breach of fiduciary duty issues were fiduciary has helped themselves to estate assets or refuses to distribute the estate.
3. Another common issue is Will Construction issues leading to Will Challenges. The issue is how do you understand the Will to read.
4. Will challenges are often about removal actions against executors or administrators.
5. Abuse of power of attorneys before death is common probate litigation issue.
6. Wills drafted before the new spouse lead to issues about what the spouse’s interest in was in the estate.
7. Children born after a will is drafted or outside of the marriage from when a Will was executed leads to estate fights.
8. Joint accounts at death leads probate litigation depending on whether these accounts were executed properly as PODS or JWOS. This type of account can be often challenged by those with inheritance rights.
9. Life insurance designations can lead to probate litigation which usually turns on inception of title..
10. When there is no Will and a new spouse, this can often lead to estate fights or challenges.
11. Life estate on real property can be a common source of estate fights or estate probate litigation.
12. Abuse of access to someone’s accounts leads to probate litigation because those with power of attorneys think they have rights when they do no as power of attorney ceases at death.