When a loved one passes away, the last thing family members expect is a legal battle over the estate. Yet disputes over wills and inheritances happen more often than most people realize. A probate litigation lawyer handles these disputes, working to resolve conflicts that arise during the distribution of a deceased person’s assets. For families in Pennsylvania facing contested wills, locating the right attorney can mean the difference between a resolution and years of court battles.
What Probate Litigation Involves
Probate is the legal process through which a court validates a will and oversees the distribution of a deceased person’s estate. When disagreements arise about the will’s validity, the executor’s actions, or how assets should be divided, probate litigation begins. This type of litigation covers several types of disputes including will contests, claims of undue influence, allegations of fraud or forgery, breach of fiduciary duty by executors, and disputes over asset valuation.
A probate litigation lawyer represents clients on either side of these disputes. They may work for beneficiaries who believe they have been wrongfully excluded from a will, or they may defend the validity of a will on behalf of an executor. The goal is always to resolve the matter according to Pennsylvania law while protecting their client’s interests.
Common Reasons for Will Disputes
Lack of Testamentary Capacity
Pennsylvania law requires that a person making a will must be of sound mind. This means they must understand the nature and extent of their property, know who their natural heirs are, and understand what a will does. When family members believe the deceased lacked mental capacity when signing the will, they may challenge its validity. Medical records, witness testimony, and expert opinions often play a role in these cases.
Undue Influence Claims
Undue influence occurs when someone manipulates a vulnerable person into changing their will to benefit the manipulator. This often happens when a caregiver, family member, or new acquaintance isolates the deceased from other family members and convinces them to alter their estate plan. Courts look at the relationship between the parties, the deceased’s susceptibility to influence, and any suspicious circumstances surrounding the will’s creation.
Fraud & Forgery
Some contests involve allegations that the document itself is fraudulent. This can include forged signatures, pages that were substituted after signing, or misrepresentations about what the deceased was signing. Handwriting experts and document examiners may be called to testify in these cases.
The Role of a Probate Litigation Lawyer
A probate litigation lawyer provides several services to clients involved in estate disputes. They begin by evaluating the strength of the case, reviewing the will, gathering evidence, and advising clients on the likelihood of success. They then handle all court filings, represent clients at hearings, and negotiate with opposing parties when settlement is possible.
In Pittsburgh and throughout Western Pennsylvania, probate cases are heard in the Orphans’ Court division of the Court of Common Pleas. This court handles matters related to estates, trusts, and guardianships. An attorney familiar with local court procedures and judges can provide valuable guidance throughout the process.
How to Find a Probate Litigation Lawyer Near You
When searching for a probate litigation lawyer, consider their experience with estate disputes specifically. General practice attorneys may not have the focused knowledge needed for contested probate matters. Look for lawyers who regularly appear in Orphans’ Court and have handled cases similar to yours.
Initial consultations allow you to discuss your situation and get a sense of how the lawyer approaches cases. During this meeting, ask about their experience with probate litigation, their fee structure, and how they communicate with clients throughout the process. A lawyer who takes time to explain the process and sets realistic expectations is often a good choice.
Costs & Timeline
Probate litigation can be expensive and time consuming. Cases may take anywhere from several months to several years depending on their difficulty and if the parties can reach a settlement. Attorney fees are typically charged on an hourly basis, though some lawyers may offer alternative arrangements for certain cases.
The cost of litigation must be weighed against the recovery. In some cases, settling a dispute may be more practical than pursuing a lengthy court battle, even if the settlement amount is less than what might be awarded at trial. A good attorney will help you evaluate these options honestly.
Protecting Your Rights in Estate Disputes
If you believe you have been wrongfully excluded from a will or that an estate is being mismanaged, time is important. Pennsylvania has deadlines for filing will contests and other probate claims. Missing these deadlines can permanently bar your claim regardless of its merit.
Working with a probate litigation lawyer helps ensure your rights are protected throughout the process. They can investigate the circumstances surrounding the will, gather necessary evidence, and present your case effectively in court. For families dealing with the emotional strain of losing a loved one while also facing legal disputes, having professional guidance can provide both practical help and peace of mind.