Trust and Probate Litigation Attorneys

Aggressive Legal Advocacy in Montana

Trust and probate litigation works to resolve disputes among trustees or beneficiaries of an estate. These conflicts are often complex, emotional, and stressful for the individuals and families involved. 

Our skilled team at Dietrich & Associates, P.C. has extensive experience representing clients in real estate administration disputes throughout Montana. This includes helping beneficiaries pursue claims as well as defending trustees against litigation. Our Billings trust and probate litigation lawyers have a deep understanding of the applicable laws and know how these types of cases are adjudicated. No matter your situation, we are committed to protecting your interests and will fight tirelessly to obtain a favorable outcome. 

If you or a loved one is involved in a probate or trust dispute, please do not hesitate to contact us online or call (406) 344-1310. We will carefully and professionally evaluate your situation and walk you through your legal options.

Common Reasons for Litigation

When someone passes away, their estate may need to go through some level of probate, unless the deceased person’s assets transfer by means of a beneficiary designation, or another non probate transfer. If the deceased only created a will, that document will be used to determine who inherits their property. However, interested parties can contest the authenticity or enforceability of a will. Will contests must generally be resolved in probate and we can assist. Trusts can also be subject to litigation under certain circumstances.

Our Billings trust and probate litigation attorneys can assist you with many types of conflicts, including cases involving:

• Undue Influence. Unfortunately, people with ulterior motives may behave nefariously for personal gain, even at the expense of a family member or loved one. A person might pressure or coerce someone into signing or modifying estate planning documents through the use of threats or other inappropriate means. When this type of behavior occurs, the will or trust has been created under “undue influence” and is subject to litigation. Montana also has broad remedies available for a deceased loved one who may have been financially exploited.
• Unclear or Contradictory Language. A poorly composed will or trust might name multiple beneficiaries to a single asset, and litigation may be necessary to clarify who will actually receive the property. 
• Multiple Sets of Beneficiaries. Some trusts will use different classifications of beneficiaries that can cause confusion and disagreement down the line. For example, a trust might name the trustor’s spouse as the sole beneficiary while the trustor is alive, but the trustor’s children may also be named as beneficiaries once the trustor passes away. 
• Validity of the Document. If a will or trust is not properly witnessed, notarized, and signed in accordance with state law, the document may be open to litigation. More serious litigation may occur if a will or trust appears to have been forged or some other element of foul play is discovered.
• Mismanagement. The executor of a deceased person’s estate must fulfill a myriad of legal responsibilities during the probate process. Similarly, the successor trustee must follow all trust instructions when managing and distributing trust assets. Executors and trustees may become vulnerable to litigation if beneficiaries believe they are failing to adequately carry out their responsibilities and are thus jeopardizing the deceased’s assets.

You deserve a legal advocate that understands what is at stake in an estate dispute. At Dietrich & Associates, P.C., we are prepared to represent you in all types of trust and probate disputes. 

Schedule an initial consultation by calling (406) 344-1310 or contacting us online.