To learn more about how we approach estate litigation, join our free webinar “When Families Fight: Legal Options That Protect Everyone” on Thursday, February 26th. Register today.
Most people don’t expect their family’s estate plan to end up in court. Yet estate litigation is more common than many realize, especially when large or complex assets are involved, or when transparency and trust break down.
I regularly work with beneficiaries who know something isn’t right. They’re asking reasonable questions, requesting accountings, or trying to understand why distributions haven’t been made, but they’re being ignored, stonewalled, or shut out entirely. Others come to me after a loved one’s death, stunned to discover they’ve been cut out of a will or trust under circumstances that raise serious concerns.
Estate litigation exists to address exactly these moments.
What Is Estate Litigation?
Estate litigation involves legal disputes related to the management, distribution, or validity of an estate, trust, or decision-making authority. These cases often arise when there’s misuse or disappearance of money, a lack of transparency from someone in control, concerns about undue influence or abuse, disputes over who should be in charge, or questions about whether documents truly reflect a person’s wishes.
While these disputes feel deeply personal (and they are), they also hinge on strict legal standards, procedural rules, and fiduciary obligations. Understanding both sides is essential.
Probate Disputes: When the Process Itself Goes Wrong
Probate litigation often begins with questions about who is in charge and how the process is unfolding. Common disputes include who should be appointed as personal representative; whether proper notice was given to heirs and beneficiaries; whether someone is trying to control the process to exclude others; and disagreements over the validity or interpretation of documents submitted to the court.
Because probate is governed by strict statutory procedures, even small missteps (or deliberate shortcuts) can have significant consequences. I regularly represent beneficiaries who must petition the court simply to get information or ensure the estate is being administered fairly.
Guardianships and Conservatorships: Court Oversight When Someone Is Vulnerable
Guardianships and Conservatorships exist to protect people who can no longer care for themselves or manage their finances. Courts carefully vet these roles at the outset and continue to oversee them through required reports and accountings.
When things go wrong, the stakes are high. Guardianship disputes can involve concerns about medical care, inappropriate relocation, medication changes against medical advice, or outright elder abuse. Conservatorship disputes often involve misuse of funds, lack of accounting, or using money to control or manipulate family members.
Courts have the power to remove Guardians or Conservators on their own motion, but often only after someone raises the alarm. I help families understand when court intervention is necessary and how to pursue it effectively.
Power of Attorney Disputes: Hidden Abuse Without Oversight
Powers of Attorney operate largely outside court supervision unless someone petitions for oversight. That lack of built-in accountability allows abuse to go unchecked far too often.
I see disputes involving agents misusing funds or failing to act, refusal to provide accountings, attempts to remove or block family members, and situations where the agent becomes incapacitated or dies, triggering the need for court involvement.
When concerns arise, we can ask the court to review an agent’s conduct, suspend their authority, or remove them entirely. Without action, these abuses often continue quietly.
Will Contests: Harder Than People Expect, but Sometimes Necessary
Challenging a will is not easy. Courts presume wills are valid, and the evidentiary burden to overturn one is high. Will contests typically involve allegations of undue influence, duress, fraud, or lack of capacity.
These cases are fact-specific and often require medical experts, detailed timelines, and careful analysis of who benefited and how the document was created. A key warning sign is when the primary beneficiary is also deeply involved in drafting or executing the will.
I’m candid with clients: it’s harder to contest a will than most people think. But when the circumstances support it, I know how to build and litigate these cases responsibly and strategically.
Trust Litigation: When Trustees Fail Their Duties
Trust disputes can arise during life or after death and often involve allegations that a trustee has breached their fiduciary duties. Trustees are bound by the Prudent Investor Act and must manage trust assets responsibly, transparently, and in the best interests of beneficiaries.
Common trust litigation issues include failure to provide required accountings, poor or improper investment of trust assets, self-dealing or conflicts of interest, and misuse of trust funds.
With larger or dynastic trusts, the financial and legal complexity increases significantly. I have experience handling trusts involving substantial and unusual assets—from intellectual property to mineral rights to multi-state real estate portfolios—and working with experts when necessary.
Why Estate Planning and Estate Litigation Are Inseparable
At Rocky Mountain Elder Law, estate planning and estate litigation aren’t separate silos. They inform each other. Because I draft estate plans every day, I immediately recognize when something has gone wrong and why. I understand how fiduciaries should behave, what a properly structured plan looks like, and where ambiguity or poor drafting creates openings for conflict. Litigators without planning experience often miss these structural flaws. I don’t.
At its heart, estate litigation isn’t just about money. It’s about people, history, caregiving, grief, and dynamics that may have existed for decades. Understanding how these systems interact allows me to pursue outcomes that protect vulnerable individuals while remaining grounded in the reality of family relationships.
When You Need Someone Who Will Fight—and See the Whole Picture
My clients come to me because they need someone who will advocate forcefully, intelligently, and with perspective. I’ve litigated estates ranging from $500,000 to multi-million-dollar portfolios, involving complex documents and high-stakes disputes. I know how to fight, but I also know when a strategic resolution serves you better than a prolonged courtroom battle.
If you’re facing a dispute over an estate, trust, or fiduciary, let’s talk. I’ll help you understand your options and chart a path forward that protects both your interests and what truly matters.
To learn more about how I approach litigation, join our free webinar “When Families Fight: Legal Options That Protect Everyone” on Thursday, February 26th. Register today.
