Hot Springs Probate Litigation Attorneys Effectively Represent Estates and Other Parties on Contested Issues

Skilled advocates assist with probate disputes in Arkansas

Controversies that arise during the probate of a will or the administration of an intestate estate can frustrate beneficiaries and add to their grief, especially when they involve in-fighting among family members that can cause rifts lasting well into the future. Additionally, these conflicts lead to delays that drive up the cost of settling your loved one’s estate. At Schnipper, Britton & Stobaugh in Hot Springs, Arkansas, our probate attorneys have more than 100 years of combined experience in probate and estate administration matters. We litigate probate disputes efficiently to ensure that our clients’ rights are upheld and that the process yields a just result.

Resolving difficult decedents’ estate conflicts through probate litigation

Ideally, your deceased love one’s estate will be settled without opposition. However, probate is sometimes complicated by disputes over the validity and interpretation of the will, the distribution of the estate, the claims of creditors or the actions of the executor. The probate court resolves disputes such as these by holding evidentiary hearings at which each side can present legal authorities and arguments in support of their respective positions. We leverage our considerable experience and legal knowledge to present the strongest case possible in support of your position.

Dedicated legal counsel litigate a full range of probate disputes

During probate litigation, we devise and tailor strategies to the specific nature of the problem to be resolved in the following situations:

• Will contests — The validity of a will may be open to challenge because of a defect in the document itself or a problem with the manner in which it was made. Moreover, an ambiguous will might signal doubt about the true intent of the decedent. We carefully examine each will and the circumstances surrounding its creation to arrive at well-founded answers to these questions.
• Estate administration actions — Beneficiaries may challenge an accounting, asset distribution or other actions of the estate executor or administrator. We carefully examine and present the evidence that will determine whether the conduct in question is justified and whether the executor or administrator is fulfilling their fiduciary duty to the estate and beneficiaries.
• Claims against the estate — Alleged creditors can emerge and raise demands for payment, especially when a large estate is at stake. We work diligently and swiftly to vet claims thoroughly so that only legitimate ones are honored.
• Trust litigation — Trusts are a form of estate planning that raise some of the same issues as estates, such as the proper interpretation of the trust document and the requirement that trustees exercise fiduciary duty. But they are different in some key ways that might raise distinct issues or require a different approach to litigating them. 

In all cases, you can trust us to handle your probate litigation skillfully, with careful attention to the specific facts and issues involved.

Frequently asked questions about probate litigation in Arkansas

What are the grounds for contesting a will in Arkansas?

A will may be challenged based on allegations of defects in its form or signature, the deceased’s lack of mental capacity or fraud, mistake or undue influence in its making or signing. A particular provision in a will might be challenged as being illegal or impossible to implement.

What are the potential costs and risks associated with probate litigation?

Litigation will substantially extend the time it takes to probate the estate and will likewise increase expense, both for the estate and the challenger. A will contest can cause serious stress and potentially ruin family relationships. Furthermore, there are no guarantees that the challenger will win, no matter how strong the case.

What factors should parties consider before pursuing probate litigation?

Whichever side of a dispute you may be on, you should evaluate how strong a case you have and how much you or the estate will benefit if you succeed, versus the potential costs of litigating and consequences of losing. You should consult a knowledgeable and experienced probate litigation attorney to help you make this evaluation.

Contact our reliable probate litigation attorneys in Hot Springs, AR

To schedule an appointment to discuss any anticipated controversies with your loved one’s estate, call Schnipper, Britton & Stobaugh at 501-762-0887 or contact our office online.