Probate Litigation


Smith Haughey is recognized as a premier litigation firm – and our experienced, effective probate litigation attorneys are one reason why. With the aging of the population and the growing prevalence of “blended” families, probate litigation has become increasingly common. A great deal of wealth is being passed from one generation to another, and fighting over an inheritance is unquestionably on the rise.

Probate litigation is a unique area of law, and probate court has its own special set of rules. In addition, mediation is becoming an increasingly popular alternative to litigation. Our attorneys are well versed in the complexities and idiosyncrasies of both options. They are also attuned to the sensitivities involved in these matters. Contested probate can tear apart families and friends, and our attorneys work hard to minimize the damage.

Because Smith Haughey is a full-service law firm, our probation litigation attorneys can also call upon the expertise of other specialists as needed – including tax attorneys, family law attorneys, estate planning attorneys, elder law attorneys, and more. This “one-stop” approach provides a more efficient, economical solution for our clients.

We represent families, heirs, fiduciaries and creditors in a wide range of probate litigation matters, including:

  • Contested wills, estates and trusts
  • Contested guardianships and conservatorships
  • Determination of heirs and testacy
  • Challenges to jointly owned properties
  • Determination of spousal and family rights
  • Breach of fiduciary duties
  • Contested attorney and fiduciary fees
  • Tax apportionment
  • Objections to inventories and accounts
  • Sale of estate and trust assets
  • Claims for distribution