Understanding Probate Litigation

Contact our Probate Attorneys to Explore Will Contests, Trust Issues, and Asset Distribution in PA.

Probate litigation is a legal process when disputes arise during an estate's probate. It involves heirs, beneficiaries, executors, or administrators filing lawsuits to resolve conflicts related to wills, trusts, or estate administration.

Understanding probate litigation is essential for anyone involved in the administration of an estate, as it can significantly impact the outcome of inheritance and estate proceedings. Here is what you should know:

Will Contests

Will contests are formal legal challenges to the validity of a will during probate. These disputes arise when an interested party believes the will does not accurately reflect the testator's true intentions or is invalid for other reasons.

Common reasons for challenging a will include:

Lack of testamentary capacity

Undue influence
Fraud or coercion
Improper execution
Insane delusion

A person must have legal standing to contest a will, typically meaning they have a direct financial interest in the estate or are named in the will.

Initially, the will's proponent must prove it was executed correctly. If challenged, the burden shifts to the contestant to prove the will's invalidity.

Will contests are typically handled in probate court with the challenger providing evidence supporting their claims, which can include:

Eyewitness testimony
Medical records
Expert opinions
Circumstantial evidence

Courts generally presume a will's validity unless compelling evidence proves otherwise.

Trust Disputes

Trust disputes arise over the management, interpretation, or execution of a trust. These disagreements typically involve trustees, beneficiaries, or other interested parties and can occur for various reasons, including:

Beneficiaries may accuse trustees of failing to fulfill their fiduciary duties, such as improperly investing, self-dealing, or distributing assets as outlined in the trust document.
Vague or unclear language in the trust can lead to differing interpretations of the grantor's intentions, causing disputes over distribution terms or trustee powers.
Conflicts between beneficiaries occur because of perceived favoritism, sibling rivalries, or unequal distributions.
Attempts to change or end a trust can lead to disputes, especially when beneficiaries or trustees seek to alter the terms after the grantor's death.
Breach of fiduciary duty occurs when a trustee fails to act in the best interests of the beneficiaries, such as not providing required accountings, improperly using trust assets, or failing to file tax returns.
Heirs may contest the trust's validity due to concerns about the grantor's capacity or undue influence.

Estate Management Conflicts

Estate management conflicts often emerge during the administration of an estate, frequently related to the interpretation of the will, distribution of assets, or management of trust funds. Common triggers include unclear or contested wills, where beneficiaries dispute the deceased's intentions, or perceived mismanagement by the executor, leading to allegations of favoritism or mishandling of assets.

Family dynamics and emotions often complicate these disputes, as longstanding grievances may resurface. Resolving such conflicts typically requires mediation or legal intervention to ensure a fair distribution, compliance with the deceased's wishes, and adherence to legal obligations.

Experienced Probate Litigation Attorneys You Trust

Our civil litigation attorneys specialize in representing parties involved in these disputes. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will provide knowledgeable guidance while offering all the options to help you achieve the desired outcome.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.