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PASSAMANI & LETANG PLLC

Will and Probate Disagreements

Disputes often arise during the probate process, especially when questions surface about the validity of a will, the actions of an executor, or the fair distribution of assets. These disagreements can stem from claims of undue influence, lack of capacity, ambiguous terms, or perceived mismanagement of the estate. Probate litigation can be emotionally charged, particularly when it involves family members or significant inheritances. Our firm handles probate and will disputes with sensitivity and skill, helping clients navigate complex legal challenges  while advocating for their rights and ensuring the decedent’s true intentions are honored.

Ways we can help.

Unfortunately, when a loved one passes there’s a lot of opportunity to disagreements.

 

  • Will Contests – A beneficiary challenges the validity of a will, claiming it was the result of undue influence or that the decedent lacked mental capacity when it was signed.
  • Executor Misconduct – Heirs allege that the personal representative (executor) is mismanaging estate assets or failing to distribute them properly.
  • Disputes Over Asset Distribution – Beneficiaries argue over who is entitled to specific property, especially when the will is vague or silent on certain assets.
  • Omitted Heirs – A child or spouse not mentioned in the will claims they were unintentionally left out and seeks a share of the estate.
  • Creditor Claims – A creditor files a claim against the estate, and the heirs or personal representative dispute the legitimacy or amount of the debt.
  • Breach of Fiduciary Duty – A trustee or executor is accused of acting in their own interest instead of the beneficiaries’ best interests.
  • Disinherited Spouse Claiming Elective Share – A surviving spouse who was left out of the will files a claim for their elective share, triggering a dispute with other heirs over their legal right to a portion of the estate.