Probate litigation refers to an area of law related to legal issues surrounding decedent estates, guardianship, conservatorship, and disability. One of the most common reasons people hire probate litigators is when heirs contest a probated Will or dispute over distribution of inheritance property.

Probate litigation is often required to settle intestate estates, which refer to estates where no legal Will was executed by the decedent prior to death. Death can sometimes bring out the worst in people. When valuable assets or large sums of money are involved, chances are a greedy person is just around the corner waiting to lay claim on inheritance assets.

State probate laws govern how intestate estates are settled. Inheritance property is normally given to the surviving spouse or direct lineage relatives. However, the estate must undergo the probate process to determine rightful heirs. Anyone can present a claim through the courts, but must prove they are entitled to money or property they seek.

When individuals submit inheritance claims the probate process can be prolonged for several months. The court must engage in due diligence to ensure claimants are rightfully entitled to estate assets. Depending on the type of claim and value of the property, probate can be suspended for years while waiting on courts to determine who is entitled.

Good examples of probate litigation include the celebrity cases of James Brown, Anna Nicole Smith, and Jimi Hendrix. These famous people were probably rolling over in their graves over how their estates were disputed.

The Godfather of Soul, James Brown had a legal Will in place when he died. However, he did not update his Will when he married his fifth wife, Tomi Rae Hynie Brown, whom he had a biological son with. Hynie contested the Will and some of Brown’s family members initiated a lawsuit against the estate executors.

The Brown family also disagreed about where Jame’s body should be buried and contested his irrevocable living trust in which he bequeathed his musical legacy to charity. Brown’s estate was suspended in probate for over 3 years and cost his estate several million dollars in probate litigation fees. To this day, there are still pending lawsuits surrounding Brown’s estate.

Rock-and-roll guitarist, Jimi Hendrix did not execute a legal Will before his death in 1970. What followed was one of the most notable legal battles that lasted over 20 years. Hendrix’s estate was originally managed by a probate lawyer until Hendrix’s father, Al, sued for control in 1990.

In 2002, Al Hendrix died and left Jimi’s estate to his adopted daughter, Janie. Jimi’s brother, Leon, filed a lawsuit to take control of the estate. In the end, the judge awarded assets to both Janie and Leon, but probate litigation costs were astronomical.

Perhaps the most renowned and controversial celebrity probate litigation case is that of J. Howard Marshall II; spouse of Anna Nicole Smith. Marshall died in August 1995, but it wasn’t until 2000 that Smith was awarded $475 million. The award was immediately contested by Marshall’s son, Pierce. Although Pierce Marshall died in 2006 and Anna Nicole died in 2007, probate litigation is still ongoing with the case being scheduled for presentation to the Supreme Court.

Most people are not confronted with this level of probate litigation, but dealing with a contested Will, family disputes, or inheritance claims is costly and emotionally-draining. While there is no guarantee that issues won’t arise during probate, engaging in estate planning can minimize the risks. Should issues arise, it’s best to retain the services of a qualified lawyer to handle probate litigation.