Probate Litigation

It is not uncommon for individuals or businesses to find themselves involved in a legal dispute within a probate, trust administration, and/or estate administration matter.   Disputes of this nature, such as Will Contests, Trust Contests, disputes as to inheritance, creditor claim issues, and/or disputes regarding spousal rights typically entail a filing in the District Court and/or the help of mediators for adjudication.

For clients involved in such a dispute, the objective is to help the client right a wrong, honor an agreement, or to obtain compensation due for services.  Also, when defending an action within a probate, trust or estate administration case, we help clients to aggressively protect their rights or the rights of the beneficiaries or heirs.

Probate litigation is commenced through a lawsuit filed by either a fiduciary, beneficiary, heir, or other interested party concerning the administration of a deceased person’s will in the probate action filed in District Court. While probate litigation is similar to civil litigation, there are distinct differences that must be observed in order to avoid costly mistakes.

Any disputes regarding the validity of the will, competency of the deceased person at the time the will was created, or any other disagreement in the management of the estate can be determined through probate litigation. Our Utah trust litigation attorneys provide experienced representation on behalf of heirs, family members, and any other interested parties involved in probate litigation.

We have extensive experience handling probate disputes related to complex issues such as:

  • Competency — Was your family member of sound mind when the will was established?
  • Undue influence — Do you suspect someone exerted undue      influence, duress or coercion that resulted in the estate being left to someone other than to whom the decedent truly intended?
  • Fiduciary breaches — Do you suspect the personal representative acted in bad faith by putting personal interests and gain before the interests of the estate and its beneficiaries?
  • Creditor claims and liability — Have you been contacted by purported creditors of the decedent?

With an experienced lawyer from Mountain View Law Group, you can resolve probate litigation with confidence. Contact Mountain View Law Group for skilled probate dispute representation.