Common Disputes Handled by Estate Litigation Lawyers

According to the 2025 issue of the American Bar Association’s “Probate & Property Magazine,” it is reported that over a million probate or estate lawsuits are annually submitted to state courts.

Real estate disputes encompass the validity of wills, challenges against trust agreements, and disputes among the executors. These disputes can arise unexpectedly, sometimes ending up in the courts. The role of an estate litigation attorney is to recognize the nature of these disputes and their peculiarities. Estate attorneys are the ones who guarantee that estate planning is executed and recognized by law. They also prevent people’s rights from being abused through fraud or undue influence, and they assist in resolving the issue of expensive mistakes during probate.

Let us examine the contentions and the role of estate litigation attorneys in bringing about clarity, fairness, and legal safeguarding amid one of the hardest life experiences.

Validity of Wills

A will is considered valid when it is in writing, signed by the testator, and witnessed by two people as a must. These conditions guarantee that the will is legally binding while at the same time maintaining the air of tranquility for the loved ones. Whenever a will has to be done, let it represent your wishes, with no undue influence, and subject it to a review against the statutory law of the land.

Will Contests

Will contests concerned with estates may be identified as a very typical issue where the validity of a person’s will is questioned after his death. You may ponder whether the will does truly reflect what your loved one felt about distributing his assets or whether it was made under pressure. The lack of testamentary capacity, the presence of undue influence, or the improper execution of the will are the reasons that can be cited for contesting a will.

A will contest may serve the purpose of allowing the person to indirectly express their emotion, especially in cases when the deceased’s family members’ wills and estates have been ignored and the deceased ones have not been given a chance to do so.

Trust Disputes

When a loved one goes on to create trust, they usually do so with the prime intention of safeguarding certain members of the family or dear friends.

Differences might crop up as a result of an assortment of issues, be they the terms attached to the trust, the reasons behind it, or even the duties of the trustee. Who is in charge if the trustee fails to carry out their activities? Is there another party that holds significant influence over the trust? Such disputes foster an environment of conflict among families who are already traumatized.

Seeking help from a lawyer in estate litigation would give you access to a legal representative who would take your concerns regarding the will seriously.

Misappropriation of Assets

Misappropriation can involve unauthorized transactions, theft, or even deceitful manipulation of finances by those in positions of trust. If someone steals money, property, or contractual benefits for their gain in a real estate deal, they may need the help of a real estate contract disputes lawyer.

There may be too much to take in and plan toward your next steps, but you need to gather some kind of evidence. Document any suspicious activities. If you choose not to tell your family or trusted ones about the matter, you can always consult an expert lawyer in inheritance disputes. It is the only way to honor your dead loved one and protect your rights.

Executor Disputes

Heirs increasingly generate tensions between them by misappropriating assets, and their relationships disintegrate when executors are in disagreement. This happens especially when you as the heir feel excluded or snubbed.

Executors are supposed to share the sacred responsibility of managing the estate for the benefit of everyone, openly and publicly so. Conflict can develop rapidly in the absence of communication or a demonstration of good faith.

Ignoring information requests often disconnects one from the entire process. This outcome often leads to hard feelings among members of the family.

It is absolutely necessary to address these issues without any delays. Hiring an estate litigation lawyer can provide an explanation of your rights and urge the executor to carry out his or her responsibilities. A wide range of agreements can be reached to reasonably deter conflict and see to it that everyone’s interests are respected.