What is probate or trust litigation?

While many estates are uncomplicated and resolved with relative ease, occasionally, legal fights break out between loved ones, heirs to estates, creditors, and other property owners. When this happens related to a deceased person’s estate, the parties will often litigate the matter in a court of law. Such cases include a variety of different issues but some of the most common involve claims that a deceased person did not have the requisite mental capacity to execute a Will or Trust, that someone unduly influenced the deceased person regarding the Will or Trust, that a beneficiary or heir is not being given information or distributions or that someone stole from the estate or a fraud has been committed.