When a loved one passes away, their estate often goes through probate, a legal process used to settle debts, distribute assets, and carry out the person’s final wishes. In many cases, this process is straightforward. But sometimes, disagreements arise. Whether it’s a contested will, questions about a trustee’s conduct, or disputes among family members, probate can become a source of conflict.
If you’re facing issues during probate, you don’t have to handle them on your own. At Jones, Gregg, Creehan & Gerace, we help individuals and families throughout Pennsylvania protect their rights and resolve disputes when probate doesn’t go as planned.
Common Reasons Probate Disputes Arise
Probate litigation can stem from a wide range of concerns. Some involve technical issues with the will itself. Others are more personal, rooted in family tension or long-standing disagreements. The most common triggers include:
- Allegations that a will was signed under pressure or influence
- Concerns that the person lacked mental capacity when they signed the will
- Disputes between siblings or beneficiaries over inheritance shares
- Claims that the executor is mishandling estate property or withholding information
- Missing or outdated estate documents
- Multiple wills with conflicting terms
When these problems surface, probate litigation may be the only way to resolve them fairly.
When You Should Consider Probate Litigation
It’s not always easy to know when a probate issue rises to the level of litigation. But certain warning signs should not be ignored. You may want to consider filing a petition in probate court if:
- You suspect the will isn’t valid or was altered unfairly
- You are being left out of the process as a beneficiary
- You have reason to believe assets are being hidden or mishandled
- You were promised something during the person’s life that’s not reflected in the will
- A personal representative or trustee is refusing to provide an accounting
Litigation is a serious step, but in some cases, it’s necessary to protect your interests and hold others accountable.
What Happens During Probate Litigation
Probate litigation takes place in the probate court in Pennsylvania. The process begins with the filing of a petition or objection. After that, the court will notify all parties involved, including executors, beneficiaries, and sometimes creditors.
From there, the process may include:
- Hearings and pre-trial motions
- Discovery and exchange of evidence
- Mediation efforts, if appropriate
- Testimony from witnesses, medical professionals, or handwriting experts
- A trial before a judge (there are no juries in probate litigation)
Some matters are resolved quickly. Others take months, especially when multiple parties are involved or when the estate is large or complex. During this time, the estate may be on hold, making it even more important to resolve disputes efficiently.
How an Attorney Can Help
Probate litigation isn’t something you should handle alone. A qualified attorney can help you understand your rights and weigh your options. At Jones, Gregg, Creehan & Gerace, we work with clients on both sides of probate disputes, whether you’re bringing a claim or defending one.
We assist with:
- Reviewing wills and trust documents for clarity and legal standing
- Investigating potential misconduct or signs of undue influence
- Representing clients at hearings and during negotiations
- Filing court motions, responses, and appeals if necessary
We’ll keep you informed every step of the way and help you make decisions with confidence. Probate litigation can be stressful, but having the right team in your corner makes a difference.
Avoiding Litigation Through Better Planning
One of the best ways to prevent probate disputes is to plan carefully in advance. Clear, updated estate documents reduce confusion and give your family a roadmap to follow. Here are a few ways to avoid litigation down the road:
- Review your estate plan regularly and make updates after significant life events
- Choose responsible and impartial executors or trustees
- Talk openly with your family about your intentions
- Put your wishes in writing and avoid verbal promises
If you’re concerned about future conflict, we can help you build a plan that keeps your loved ones out of court.
Contact Our Experienced Pittsburgh Probate Litigation Attorneys
If you’re in the middle of a probate dispute or believe litigation may be necessary, we’re here to support you. At Jones, Gregg, Creehan & Gerace, we take probate matters seriously and give each client the attention they deserve.
Let us help you protect your loved one’s legacy and find a path forward. Contact us today to schedule a consultation and talk about your next steps.