Frequently Asked Questions About Trust and Estate Litigation

What is Litigation?

A lawsuit is a claim or dispute brought to court for resolution. When an individual or entity enters into a lawsuit, whether they are the one who has filed the lawsuit before the court, or the one responding to it, they are beginning a process known as “litigation.”

What is Trust & Estate Litigation?

Trust and Estate litigation is a type of litigation involving disputes over the execution, administration or distribution of an estate or trust. Even a Will or trust created by a skilled trust and estate planning attorney can be challenged.

Who is eligible to challenge a Will or trust?

Anyone with a potential right or interest in the estate or trust, including but not limited to someone who has evidence and/or grounds for believing they were improperly excluded from or treated unfairly in the Will or trust.

What are the possible phases of Trust and Estate litigation?

Litigation can occur in several phases, for example:

  • At the time of admissibility of a Will, or regarding the suitability of a nominated trustee or representative to serve.

  • To object to certain conduct of the executor/trustee with regard to the estate/trust assets, including allegations of a breach of fiduciary duty, imprudent investment or management decisions, or self-dealing.

  • Regarding accountings of estate or trust estates.

  • Regarding distributions / allocations of assets.

It is always recommended to speak to an experienced Trust and Estate Litigation Attorney to know your litigation options and evaluate your case.

What are some possible events that can lead to a Will or trust contest?

  • The Will or trust being questioned is only a copy and the original cannot be located.

  • Possibility of forged or otherwise unauthenticated signatures.

  • There is a question about the mental capacity of the person who created the Will/trust.

  • Undue influence over the person who created the Will and/or trust.

  • Last minute, significant changes to the Will or trust.

  • Family members’ inheritance has been eliminated or reduced in favor of an individual or organization that is inconsistent or abnormal.

  • The trustee or personal representative (executor) is suspected of misconduct, including misuse of the assets, self-dealing, failure to preserve or not impartial.

  • Not complying with formalities, including witnesses, susceptible to fraud or undue influence or under duress.

  • Joint ownership of property held by the deceased with another party is disputed.

How can Attorneys at Jeffrey Burr help you in Trust and Estate Litigation?

The attorneys at the Law Firm of Jeffrey Burr represent clients in mediations, arbitrations, trials and appeals involving trust and estate litigation matters throughout Southern Nevada. (Learn more about Trust Laws in Nevada.)

We represent trustees, personal representatives, administrators, conservators, beneficiaries and other parties in all manner of trust and estate disputes, including but not limited to:

  • Will or Trust Contests

  • Allegations of Incapacity/Undue Influence/Fraud

  • Interpretation of Trust Provisions

  • Accounting Disputes

  • Admissibility or validity of wills/trust/amendments, including handwritten ones

  • Surcharge of a Trustee

  • Removal of a Fiduciary

  • Recovery of Assets

  • Title Disputes

How much does it cost to hire a Trust and Estate Litigation Attorney?

The fee charged will depend on many factors such as complexity of the work, size of the estate and types of assets involved in the litigation, court fees and other factors. Generally, lawyers either bill their clients a flat fee or an hourly rate. Depending on your situation, we will handle your Trust and Estate Litigation case and provide you a fee estimate.