Disputes over estates can happen. Called causes of action rather than lawsuits, these cases can run the gamut from questions about details in wills to claims of outright fraud. Before you meet with an estate litigation lawyer, it's a good idea to understand the main reasons you can bring a cause of action.

The Validity of the Will

There are two common reasons a will might not be valid. Foremost, it may not have been signed the right way. In most states, that means it has to be notarized and two witnesses must attest its signing under oath. Secondly, the individual creating or modifying the will may not have been of sound mind at the time of signing due to a condition like Alzheimer's or a brain injury.

Undue Influence

The longer an estate was set up one way before it was changed, the more concern there is if it is suddenly changed. For example, a biological child might have pressured the testator to cut a sibling out of the will. Similar issues might occur with a new spouse who sought to collect more of the estate's assets. Generally, radical or sudden changes give rise to questions about undue influence.

A Trust's Purpose Can't Be Followed

Many folks set up trusts to handle significant portions of their estates, and these are generally appointed to specific purposes. If a trust was meant to support a foundation that has since ceased to exist, for example, there may be litigation to determine what becomes of the assets.

Appointment of an Executor or Administrator

Not all cases of action are driven by the assets or terms of the estate. Some may be driven by who gets to execute the decedent's will. If there are doubts about the mental well being of an executor, for example, an estate litigation attorney might ask the court to appoint an administrator.

Fiduciary Responsibilities

When an executor or administrator handles an estate, they have a fiduciary duty to preserve as much of its values for the beneficiaries as possible. This means they should store money in accounts that are considered extremely low-risk. Likewise, they might need to spend some money from the estate to maintain properties during the interim period before assets are distributed.

If it's clear someone failed in this duty, they can be sued. When executors or administrators are found in breach of their fiduciary responsibilities, they will be ordered to pay for the economic losses the beneficiaries have suffered.

To learn more, reach out to a local estate litigation lawyer.