Wills, Trusts, & Estate Disputes

We love wills and trusts litigation because it allows us to bring our team together. Ordinarily, you’ve got two types of lawyers: One type of lawyer likes the predictability and safety of the office—a person who drafts contracts and other estate planning documents—and the litigator—the person who loves the thrill of court. It is rare to find those two people in the same firm, but that is exactly what Wilson & Haubert is able to offer.

We have almost twenty years’ experience drafting excellent estate planning documents. When it comes to wills, revocable living trusts, irrevocable trusts, LLC’s, and other vehicles for estate planning, we have seen it all. We understand estate planning as, unfortunately, few in Arkansas do. We don’t prepare form documents; we build documents that are specifically tailored for our clients.

But that’s not enough to handle wills and trusts litigation; you’ve got to have the second piece of the puzzle—the courtroom presence.

And that’s why we’re different. We have specifically built a team of people with different gifts—some are experts on wills and trusts, some are excellent writers, some are experienced in the courtroom. This is what separates us from other firms that tend to focus only on one or the other.

Estate litigation can take many forms. Some of the kinds of matters the firm has handled include:

  • Probate litigation to dispute the validity of wills on the basis of incapacity of the testator, undue influence over the testator, defective execution of the will, forgery, etc.
  • Trust litigation to challenge or defend the construction of a trust or the actions of a trustee.
  • Will construction proceedings on behalf of fiduciaries or beneficiaries to clarify ambiguity in a will.
  • Fiduciary litigation to challenge the actions of an executor or trustee in managing the financial affairs of the estate or trust.
  • Accounting proceedings to challenge or defend the management of an estate or trust.
  • Fiduciary removal proceedings to remove a trustee, executor, or guardian because of misconduct or incompetence.
  • Spousal rights proceedings to question or establish the rights of a spouse to inherit, and to analyze the validity of prenuptial and antenuptial agreements.
  • Kinship proceedings to question or establish the inheritance rights of more distant relatives.
  • Claims proceedings to establish who has a claim on assets of an estate (such as business partners or creditors).

Questions you should be asking:

Will my estate be challenged in court and what can I do now to prevent that from happening?

How long should probate of a will take?

How can I be sure my partner will fulfill his obligations under the succession planning we have in place?

How long should the administration of an estate take?

What happens if a person mentioned in the will dies before the testator?

My father divorced his first wife, but did not get a chance to change the will. Will she inherit?

If a relative is hiding a will, is there anything that can be done?

Is estate litigation expensive and how can I minimize the expense?

I feel like I’ve been cheated out of my inheritance. Can I challenge the will?

If you think you have a case relating to a will or trust, chances are there is a lot of money to lose. It’s best that you hire an experienced firm that understands the law behind estate planning and also has what it takes to argue a case in the courtroom. Please contact us for a consultation.