Common Reasons for Estate Litigation

When someone you love passes away, you would like to think their final wishes will be handled without any issues. But that is not always how things go. More and more people are ending up in estate disputes. This is particularly true when family relationships are messy or the deceased had a poorly drafted estate plan. Knowing the causes of estate litigation can help you avoid legal fights down the road—or deal with what is already happening. 

Common Causes of Estate Litigation

Estate fights tend to pop up during probate when people do not see eye to eye on what the will says, what the executor is doing, or whether particular documents are even legit. Here are some of the most common reasons we see probate cases turn into legal battles: 

Contested Wills

A will contest usually begins when someone believes the will is invalid due to lack of capacity, undue influence, or forgery in estate planning. For example, a family member may argue that the deceased was pressured into making specific changes or that the signature on the will isn’t authentic. These will-contest reasons can quickly evolve into lengthy legal battles over estates. 

Disinherited Family Members

When a will leaves out a child or close relative, it can cause strain within a family. People often feel blindsided or question whether the will truly reflects what their loved one wanted—especially when stepfamilies or distant relatives are involved. 

Executor Misconduct

The person in charge of the estate has a legal job to protect the people getting the inheritance. When they mess that up—whether by playing favorites, being careless, or even stealing—it is called a breach of fiduciary duty. This mismanagement can cause big money problems and usually drag everyone into court. 

Ambiguous Will Language

A poorly written will can open the door to interpretation disputes. If it is unclear who gets what or how certain provisions should be carried out, beneficiaries may turn to the court to sort it out. This is why estate documents should always be drafted with precise language. 

Claims of Undue Influence

One of the more troubling reasons people end up in trust disputes is when someone—a caregiver, partner, or family member—is accused of pressuring or manipulating the person into changing their estate plan. These cases usually involve investigating what was going on with the person’s health, mental state, and relationships in the last stretch of their life. 

Allegations of Fraud

Estate fraud usually arises when there are concerns about fake documents, sketchy property transfers, or accusations that someone messed with records after the person passed. It is not easy to prove, but it can be done—especially if you’ve got the right legal team and maybe even some forensic experts backing you up. 

What to Do If You’re Involved in Estate Litigation

Being caught in the middle of an estate dispute is emotionally and legally taxing. Whether you’re contesting a will or defending your role as executor, taking smart, timely steps can protect your rights. 

Consult a Probate Litigation Attorney

Not all lawyers get the ins and outs of probate disputes—especially when things become a full-on legal fight. You need someone who knows their way around contested wills and messy estate issues. At Staubus, Blankenship, Legere and Walker PLLC, we’ve spent decades helping folks in Dallas and North Texas deal with tough estate cases. Curious about what we do? Learn more about our will probate services. 

Gather Evidence Early

If you believe there was executor misconduct, undue influence in wills, or fraud, start gathering any documents, emails, or witness statements that support your claims. Solid evidence can make or break your case, especially regarding inheritance disputes. 

Try to Settle—But Be Ready to Fight

Sometimes, mediation can resolve estate disputes. This prevents the parties from going to court. Mediation is usually faster and costs less, but it is not always a sure thing. Take your dispute to court if necessary, though. Probate judges do not take these cases lightly, especially when someone vulnerable is involved. 

Protect the Estate Assets

If you think there is financial abuse or someone is mismanaging a trust, your lawyer might ask the court to freeze some assets while things get sorted out. This is a way to hit pause and keep things from getting worse while the case is being investigated. 

Call a Dallas Probate Litigation Attorney Today

Estate disputes can get personal and overwhelming fast. Whether you’re defending a loved one’s wishes or protecting your inheritance, having the right legal team makes all the difference.

At Staubus, Blankenship, Legere and Walker PLLC, we handle complex estate cases with clarity and care. Ready to talk? Visit us online or call (214) 833-0100 for a confidential consultation.