Probate and Trust Litigation
When probate for an estate is convened by a court, conflicts may arise among heirs of the estate. Sometimes issues arise when one heir receives an inheritance that he or she believes constitutes unfair treatment compared to other heirs. Disputes may also arise if an heir has reason to contest the validity of the will because, for example, the decedent may not have had the requisite mental capacity to execute the will. A person may challenge a will or trust also on the basis of the person having been or was under duress or undue influence. Litigation in these circumstances is preferably avoided but sometimes bad acts need to be remedied and litigation in the probate court is the avenue to pursue in such situations. In Utah, when litigation is instigated in probate court, the matter is typically referred to mediation. While mediation is not the best forum for all disputes, in many cases it can simplify resolution of disputes in a timely and less expense manner. If the dispute is not able to be resolved in mediation, then I and my litigation partners are ready to vigorously represent our client’s interests. Whether that be to defend a trustee from specious claims of breach of fiduciary duty, or to seek to hold an irresponsible or dishonest fiduciary accountable for estate mismanagement, we have the experience and firepower to fight for you.