Estate and probate litigation is on the rise. Some of it is caused by inadequate or poorly drafted estate planning documents that cause confusion or disagreement among heirs about the decedent’s intentions. Other battles are caused by festering old emotional issues and hard feelings between family members from past slights or, simply due to greed.

In contested estate or probate cases the litigants are usually related. When there is little or no bond, there is usually less incentive to reach a settlement.

As people have aged, accumulated wealth and live longer, they have also created more opportunity for abuse from next of kin helping themselves to their parents’ bank accounts, or even strangers who might prey on the elderly. Self-dealing, fraud, coercion, undue influence, duress, and the abuse of powers of attorney by family members, relatives or friends can all contribute to estate litigation.

As the American family has become more complicated, it has also become more dysfunctional and people are no longer bashful or embarrassed about suing family members. We are simply in a more litigious society than we were in the past. If people feel if they have been cheated, they are more than willing to pursue estate or probate litigation in order to right a wrong or what they perceive to be an injustice.

In estate or probate litigation an experienced attorney who has worked in the probate and estate process can usually predict the outcome. Wills and trusts that are most difficult to challenge are those that have been drafted by an experienced probate or estate attorney. When choosing a lawyer to handle estate or probate litigation ask how the lawyer charges, how long he or she has practiced, why they are qualified, and how much specific experience they have in estate or probate litigation.

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