Contested Estates

We represent beneficiaries, heirs, personal representatives and trustees in disputes over wills, trusts and the handling of an estate.

We bring and defend will and trust contests based on lack of capacity, undue influence or improper signing. We bring and defend objections to a personal representative’s or trustee’s accounting, and petitions to remove a personal representative or trustee who has not carried out the duties of the office. These cases are heard in circuit court, usually in the probate case itself.

The time to contest a will is short, so call us as soon as you receive notice that a will has been admitted to probate. Where the family is able to settle, we negotiate the settlement, at mediation where that helps.

Services we provide

• Will contests
• Trust contests
• Objections to accountings
• Removal of a personal representative or trustee
• Defense of fiduciaries

Statutes and rules

• ORS 113.075, Contest of a willthe grounds and the four-month window for contesting a will admitted to probate.
• ORS 113.195, Removal of a personal representativethe petition to remove a personal representative who fails in the duties of the office.
• ORS chapter 130, Uniform Trust Codetrust contests, a beneficiary's remedies for breach of trust, and the removal of a trustee (ORS 130.625).