Losing a loved one is difficult enough without having to fight complex legal battles in Pennsylvania over the estate. That's what can happen, though, when probate is contested or the administration of the estate somehow goes awry. Wills might be disputed. Families might disagree on the handling of a trust or a gurdianship. The estate executor might improperly carry out their duties. Whatever the reason, you need legal guidance to protect your rights and your loved one's legacy.
At Polishan Solfanelli, our probate litigation attorneys represent clients in Pennsylvania courts. We help our clients achieve fair resolutions in even the most complex estate disputes. We understand both the emotional and financial stakes involved and are committed to vigorously defend your interests while remaining sensitive to family dynamics.
Don't risk losing your inheritance or spending years in costly litigation. Contact us today at (570) 562-4520 for a consult, and let our probate and estate litigation lawyers in Northeastern Pennsylvania help you understand your rights and develop a strategic plan to resolve your probate dispute.
Understanding Probate Litigation in Pennsylvania
Probate is a formal legal process that allows for the distribution of a person's estate (total sum of their assets and liabilities) upon their death. This person may die intestate (without a will) or testate (with a will). If there's a will, it will be submitted to and recognized by the court so that the estate administrator can begin administering the estate in accordance with the will and the law. If the will did not establish an administrator, the court will appoint one. When a will does not exist, the court will appoint an executor. The executor will administer the estate in accordance with Pennsylvania intestacy laws.
Probate sounds like a straightforward process, and generally, it is except when issues arise. If not adequately and timely settled, these issues can lead to probate litigation.
Probate Litigation Process
Probate litigation can be broken down into five basic phases similar to most other lawsuits: initial filing and response, discovery, pre-trial, trial, and post-trial.
Initial Filing and Response
The plaintiff files with the probate court (which, in Pennsylvania, is called "Orphans Court") stating their claims (e.g., will contest, breach of fiduciary duty). Interested parties are formally notified through the service of process. Defendants have a specific timeframe to file their response or objection. The court may issue temporary orders to protect assets during litigation.
Discovery Phase
A discovery phase may occur involving a sharing of information between parties, including:
- Document requests for financial records, medical records, correspondence
- Written interrogatories asking detailed questions about claims
- Depositions of key witnesses, including family members, attorneys, medical providers
- Subpoenas to third parties like banks or businesses
- Expert witness involvement (e.g., forensic accountants, medical experts, handwriting analysts)
Pre-Trial Proceedings
A status conference with the judge to monitor the progress of the case may be scheduled. During this time, parties may file various requests by motions to the court. Many times, parties will participate in mediation or settlement negotiations, and if they do not do so voluntarily, the court may require it.
Trial Phase (if no settlement is reached)
At trial, each side may possibly:
- Present opening statements
- Provide evidence (including documents and witness testimony)
- Cross-examine witnesses
- Present closing arguments
The judge will decide the case – most probate cases are bench and not jury trials.
Timing
The entire process can take anywhere from several months to multiple years, depending on case complexity and court backlog.
Common Reasons for Probate Litigation
There are a number of reasons why a person or business with an interest in the probate process in Pennsylvania may sue. Five broad reasons include:
- Challenges to a last will and testament
- Challenges to a trust or a gurdianship
- Misconduct by an estate administrator or executor
- Challenges made by a creditor
- Family and beneficiary disputes
At Polishan Solfanelli, our probate litigation attorneys in Pennsylvania aim to settle challenges to the probate process before a lawsuit is filed. When the latter cannot be prevented, we work tirelessly to ensure our clients' interests are protected. We also believe in working proactively to identify issues before they arise so that we can avoid challenges altogether.
Challenges to Wills in Pennsylvania
A will allows you to outline how you want your life's work to be distributed upon your death. The point is to avoid challenges and secure a seamless probate process for heirs and beneficiaries. Sometimes, though, wills are contested on the grounds that:
- The testator lacked the required mental capacity;
- The testator was under undue influence;
- The testator was a victim of fraud; or
- The will is otherwise invalid.
These challenges put a smooth probate process at risk of litigation.
Lack of Mental Capacity
In order to make a valid will, the testator must understand the nature of their assets and liabilities and the nature of making a will. Generally, to be considered mentally competent to make a will, the testator must:
- Understand they are making a will;
- Know the nature and extent of their property;
- Recognize their natural heirs and those who would normally inherit;
- Understand how their assets will be distributed; and
- Be able to form a rational plan for distribution.
Situations where a testator lacks mental capacity may include but are not limited to:
- Severe Dementia or Alzheimer's Disease. Under these circumstances, the testator suffers from advanced cognitive decline that prevents them from understanding the nature and extent of their property or recognizing their natural heirs. However, early-stage dementia does not automatically invalidate a will if the testator had lucid periods when they created it.
- Mental Illness with Delusions. In this situation, the testator suffers from a mental illness that can directly affect their decision-making about their assets or beneficiaries. For example, if the testator suffers from paranoid schizophrenia, it may cause them to believe their children are impostors and disinherit them based on this delusion.
- Severe Intoxication. Under these circumstances and to be grounds to contest a will, the testator must have been under the influence of drugs or alcohol when creating or modifying the will to the extent that they couldn't understand what they were doing.
- Terminal Illness with Mental Impairment. In this situation, medication or an illness may severely impact cognitive function. For example, heavy pain medications can negatively affect mental clarity as can brain cancer.
Using lack of mental capacity as a ground to challenge a will, however, would likely not work in cases where the testator was only temporarily confused, displayed eccentric behavior, or simply made unexpected distribution choices. The key is whether the testator understood the essential aspects of their will when they created it.
Undue Influence and Coercion
Undue influence occurs when someone exploits a position of power to improperly persuade the testator to change their estate plan or otherwise pressures the testator to change their will.
For example, if your uncle passes away and you discover that his most recent will was signed while he was severely ill and under the influence of a caregiver who became the primary beneficiary, you might need to initiate probate litigation to challenge the will's validity.
Red flags include:
- Sudden changes to estate plans that benefit caregivers or new acquaintances
- Isolation from family and friends
- Changes made while the testator is vulnerable or dependent
- Unexplained disinheritance of close family members
If you identify any of the above red flags or have any other related concerns, it is best to speak to a probate litigation attorney to determine whether you should contest a will in Pennsylvania.
Fraud or Forgery
Contesting a will based on fraud or forgery means arguing that the will is not valid because it was created dishonestly. Fraud happens when someone tricked the person making the will into including things they did not truly agree with or want. For example, a person may successfully lie to the testator that they are their long lost child from an affair many years ago.
Forgery is when someone fakes the testator's signature or creates an entirely false last will and testament. For example, the forger may create a completely new document rather than altering the original will by copying the testator's signature style, adding fabricated witness signatures and notary stamps, and dating it after the original will to supersede it.
To prove fraud or forgery, the person contesting the will must show evidence – like expert handwriting analysis or testimony about suspicious circumstances.
Validity of a Will
Any will is invalid if it was created by a person who lacked the required mental capacity, was under undue influence, or was a victim of fraud or forgery. Wills may also be invalid if the following more basic requirements are not met, like:
- Testator is not of legal age (typically 18)
- Will was not properly signed and witnessed
For example, a will signed by only one witness in a state requiring two witnesses would be invalid, potentially leading to intestate succession.
Challenges to Trusts in Pennsylvania
Typically, trusts do not go through probate. In fact, one reason trusts are created is probate avoidance. They still might have to go through probate if disputes arise about things like validity, trustee conduct, or beneficiary rights. In these cases, the court would intervene to resolve the issues.
Common grounds for challenging a trust include:
- Lack of capacity when creating or modifying the trust
- Undue influence by family members or others
- Improper trust formation or execution
- Trustee misconduct or mismanagement
Signs of trustee mismanagement include:
- Failing to provide accountings when requested
- Commingling personal and trust funds
- Self-dealing or making improper investments
- Showing favoritism among beneficiaries
Trustees have a legal obligation to act in the best interests of the estate and its beneficiaries, and breaching that obligation can lead to probate litigation.
Estate Administrator or Executor Misconduct in Pennsylvania
An executor's role is to faithfully manage the estate's assets and distribute them according to the will. Common signs of misconduct include:
- Using estate funds for personal expenses (e.g., an executor using estate money to pay for their own vacation)
- Failing to provide accurate accountings of estate assets (e.g., an executor submitting incomplete financial reports that concealed personal use of the estate's rental income)
- Favoring certain beneficiaries over others (e.g., an executor expediting the transfer of valuable antiques and investment accounts to one sibling while repeatedly delaying or obstructing distributions to a step-sibling, claiming "paperwork delays," despite the will requiring equal distribution)
- Selling estate assets below market value to friends or family (e.g., an executor selling a vacation for half of its value to a relative without obtaining proper appraisals or marketing the property to other potential buyers, thereby, depriving beneficiaries of the full inheritance value)
When misconduct occurs, beneficiaries can petition the court to remove the executor and potentially recover misappropriated assets.
Creditor Claims Against the Estate
When someone passes away, their debts don't disappear. Creditors have a legal right to file claims against the estate. Common scenarios include:
- Outstanding medical bills
- Credit card debt
- Mortgage payments
- Personal loans
For example, if your father passes away with $50,000 in credit card debt, the credit card company can file a claim against his estate. Typically, these debts must be paid before beneficiaries receive their inheritances.
Family and Beneficiary Disputes in Pennsylvania
Family and beneficiary disputes are the most common reason for probate litigation. These disputes may involve but are not limited to the above-listed issues.
Sibling Disputes in Probate
Common sibling conflicts include:
- Disagreements over the distribution of personal items
- Arguments over who should serve as executor
- Disputes over the sale of family property
- Claims of unfair influence over parents
For example, three siblings might disagree about selling their parents' home, with two wanting to sell immediately and one wanting to keep it in the family.
Disputes Over Asset Distribution
Asset distribution disputes often arise from:
- Unclear will language about who receives specific items
- Questions about whether lifetime gifts should be counted against inheritances
- Disagreements over asset valuation
- Conflicts over personal items with sentimental value
For example, three siblings might dispute their mother's jewelry collection, where the will simply states "to be divided equally among my children" without specific guidance on individual pieces.
Disinherited Beneficiaries
Being disinherited means being excluded from a will or receiving less than expected. Legal options include:
- Challenging the will's validity
- Filing for an elective share (for spouses)
- Claiming undue influence or lack of capacity
- Seeking interpretation of unclear will provisions
For example, a child completely excluded from their parent's will might challenge it by proving the parent lacked mental capacity when making the changes.
Spousal Rights in Probate
Surviving spouses have special protections, including:
- Right to an elective share (typically 30-50% of the estate)
- Community property rights in applicable states
- Homestead rights
- Family allowance during probate
For example, even if a husband's will leaves everything to his children from a previous marriage, his current wife can usually claim her elective share.
Disputes Involving Step-Families
Blended families face unique challenges, like:
- Conflicts between current spouse and children from previous marriages
- Disagreements over personal property ownership
- Questions about inheritance rights
- Disputes over family heirlooms
For example, a stepmother and stepchildren might dispute whether certain jewelry belongs to her personally or is part of the estate.
Real Property Disputes in Probate
Property-related conflicts often involve:
- Co-ownership rights
- Property valuation disagreements
- Sale versus retention disputes
- Title problems or boundary issues
For example, siblings might disagree about whether to sell their parents' vacation home or maintain it for family use.
How to Avoid Probate Litigation in Pennsylvania
To avoid probate litigation, careful estate planning during your lifetime is essential. This includes creating clear, legally sound documents like a comprehensive will or living trust that explicitly states your wishes and intentions for asset distribution. Working with an estate planning attorney can help ensure all documents meet state-specific requirements and clearly communicate your intentions, reducing the likelihood of challenges. Regular updates to these documents, especially after major life events like marriages, divorces, births, or deaths, help maintain their relevancy and effectiveness.
Additionally, open communication with family members about your estate plans can significantly reduce the risk of disputes after your passing. Consider holding family meetings to explain your decisions, particularly if you plan to distribute assets unequally or make unexpected choices. Maintaining detailed records of your assets, debts, and important documents, and ensuring your executor knows where to find them, can prevent confusion and potential conflicts during the probate process.
Contact a Probate Litigation Lawyer in Northeastern Pennsylvania Today
Our probate litigation attorneys in Pennsylvania resolve estate disputes with the aim of helping families achieve fair outcomes while preserving important relationships. At Polishan Solfanelli, we understand both the emotional and legal complexities of probate litigation and will fight to protect your interests.
Contact us today either by using the online form or by calling us at (570) 562-4520 to schedule a consult. Let us help you understand your rights and options while working toward the resolution you deserve.