Skilled Legal Representation For the People of Philadelphia & Beyond SCHEDULE A CONSULTATION

Navigating the Complexities of Estate Litigation in Pennsylvania

Town Publishing May 10, 2023

Estate litigation is an unfortunate reality for many families in Pennsylvania. Disputes can arise over the validity of a will, the distribution of assets, or the actions of an executor or trustee. These conflicts can be emotionally charged and legally complex, making it essential to understand the common causes of estate disputes and the available avenues for resolution. This blog will delve into the reasons behind estate litigation in Pennsylvania and provide guidance on resolving these conflicts through negotiation, mediation, or litigation.

Will Contests

One of the most common sources of estate litigation is a will contest. A will contest occurs when someone challenges the validity of a will, typically on grounds such as:

  • Lack of testamentary capacity: The testator (the person who made the will) lacked the mental capacity to understand the nature and extent of their property, the people who should receive it, or the effect of their decisions.

  • Undue influence: Someone exerted improper pressure or influence on the testator, causing them to create or modify their will in a manner that does not reflect their true intentions.

  • Fraud: The will was created or altered through deceit or misrepresentation.

    Breach of Fiduciary Duty

Estate executors and trustees have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Breach of this duty can lead to estate litigation, with common issues including:

  • Mismanagement of assets

  • Failure to provide accountings

  • Self-dealing or conflicts of interest

  • Failure to distribute assets according to the terms of the will or trust

    Trust Disputes

Trust disputes often arise when beneficiaries or co-trustees disagree over the interpretation of trust provisions, the administration of the trust, or the actions of a trustee. Common trust disputes include:

  • Interpretation of ambiguous trust provisions

  • Allegations of trustee misconduct or mismanagement

  • Disagreements over trust investments or asset distributions

  1. Resolving Estate Disputes

Estate disputes can often be resolved through negotiation or mediation, which can save time, money, and emotional stress. In some cases, however, litigation may be necessary to protect the rights and interests of the parties involved. When facing estate litigation, it is essential to consult with an experienced estate attorney who can help navigate the complexities of the legal process and provide effective representation.

Estate litigation in Pennsylvania can be challenging and emotionally taxing for all parties involved. Understanding the common causes of estate disputes and the available avenues for resolution is crucial in managing and resolving these conflicts. If you find yourself involved in an estate dispute, it is essential to seek experienced legal counsel to help protect your rights and interests and navigate the complexities of estate litigation.