Probate & Estate Dispute Litigation

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Explore Probate & Estate Administration

When Do Probate Disputes Arise?

Most estates are settled without conflict. But when emotions, money, and family history collide, probate disputes can happen quickly—and often at the worst possible time. You may be dealing with:

  • Will contests involving claims of undue influence, lack of capacity, or improper signing
  • Trust disputes over unclear terms, distributions, or trustee decisions
  • Executor or trustee misconduct, including withholding information, mismanagement, or suspected theft
  • Inheritance disputes between siblings or other beneficiaries
  • Disagreements over asset ownership, beneficiary designations, or joint accounts
  • Late-in-life document changes that raise serious questions



If you’re in a situation like this, you’re not alone—and you don’t have to navigate it without legal support.

Our Probate Litigation Services

Pascaris Law Firm represents both sides of probate disputes, depending on what you need:

  • Beneficiaries or heirs who believe something is wrong
  • Executors or trustees who need protection, guidance, or defense against accusations


Our probate litigation services include:

  • Reviewing the will, trust, and estate documents for irregularities
  • Assessing evidence related to capacity, influence, fraud, or execution errors
  • Filing challenges or responding to claims in Michigan Probate Court
  • Negotiation and mediation to resolve disputes efficiently
  • Courtroom representation when litigation is necessary
  • Petitions for accountings, court supervision, and removal of fiduciaries when misconduct is proven



When possible, we pursue resolution. When resolution isn’t realistic, we prepare to fight for your rights.

Will Contests in Michigan: Common Grounds

Contesting a will in Michigan requires more than disappointment. To bring a valid challenge, you typically need:

  • Legal standing (you must be an heir or someone affected by the will)
  • Legitimate grounds, such as:
  • Lack of testamentary capacity
  • Undue influence
  • Fraud
  • Improper execution (signing/witnessing problems)



Will contests must also be filed within certain deadlines. If you suspect a will is invalid, it’s important to get legal advice quickly—before time runs out.

Trust Disputes in Michigan

Trusts can be contested and litigated much like wills. Common trust disputes include:

  • A trustee refusing to distribute assets
  • A trustee failing to provide information or accountings
  • Allegations of self-dealing or misuse of trust funds
  • Ambiguous trust language causing conflict between beneficiaries
  • Claims the trust was created under undue influence or without capacity



Because trust administration happens outside of court most of the time, beneficiaries often don’t realize something is wrong until months later. We help bring clarity, enforce rights, and pursue court action when necessary.

Protecting Executors and Trustees

Not every probate dispute involves wrongdoing. Sometimes a responsible executor or trustee becomes the target of accusations from frustrated beneficiaries—especially when timelines, taxes, or asset sales cause delays.

We represent executors and trustees by:

  • Advising on duties and legal requirements
  • Helping provide proper accountings and documentation
  • Responding to court petitions
  • Defending good-faith actions in probate court
  • Reducing risk of personal liability



If you’re serving as a fiduciary and the situation is becoming hostile, legal support can protect you and keep the estate on track.

Questions We Hear Most Often

  • Can a will that was notarized still be challenged?

    Yes. Notarization may help establish that the will was properly signed, but it does not prevent challenges based on undue influence, fraud, or lack of capacity.

  • How hard is it to contest a will successfully?

    It can be challenging. Courts generally follow written wishes unless there is strong evidence of a legal problem. But if there are red flags—late changes, cognitive decline, or manipulation—successful contests are possible.

  • What if I suspect the executor is stealing or not sharing information?

    Beneficiaries have rights. We can petition the probate court to require an accounting, supervise the estate, and potentially remove the executor if misconduct is proven.

  • How are probate litigation attorneys paid?

    It depends on the case. Some matters are billed hourly. In certain disputes, fees may be paid from estate funds (especially for executors), or structured depending on the circumstances. We’ll explain options during your consultation.

  • Can mediation resolve estate disputes?

    Yes. Many probate disputes settle through negotiation or mediation, and courts often encourage it. We prepare every case for litigation while still pursuing resolution when it protects your interests.