Dealing with the loss of a loved one is already emotionally difficult—but when disagreements arise between heirs over a will, trust, or estate, things can get even more complicated. These disagreements can quickly turn into formal legal action, known as estate litigation.

Litigating an estate is a process in which one or more parties challenge some aspect of the estate administration, usually in probate court. It can be about the validity of a will, the behavior of the executor or trustee, or disputes over who gets what. While sometimes necessary, estate litigation can delay distributions and create financial stress for heirs—especially those who were counting on receiving their inheritance quickly.

In this blog post, we’ll break down what estate litigation is, the most common causes of estate-related lawsuits, and how inheritance loans can help heirs stay financially stable while they wait for a resolution.

What Is Estate Litigation?

Estate litigation refers to any legal dispute that arises during the administration of a deceased person’s estate. These disputes are typically resolved in probate court, the legal process through which a deceased person’s will is validated, assets are inventoried, debts are paid, and the remaining estate is distributed.

While most estates move through probate without major issues, some situations require formal litigation, especially when:

• Someone challenges the validity of a will or trust
• Heirs believe the executor or trustee has acted improperly
• There’s confusion over asset ownership
• Beneficiaries feel they’ve been unfairly treated or left out

Estate litigation can take months—or even years—to resolve, especially if multiple parties are involved or the estate is complex.

Common Reasons for Estate Litigation

1. Will Contests

One of the most common reasons for estate litigation is a will contest, where someone challenges the validity of a will. Grounds for contesting a will include:

• Lack of mental capacity at the time the will was signed
• Undue influence by another person
• Fraud or forgery
• Improper execution (e.g., not properly witnessed)

Heirs who were excluded from the will or who expected a larger share may pursue litigation to challenge the document.

2. Trust Disputes

In cases involving a trust, litigation may arise if beneficiaries believe the trustee is:

• Mismanaging the assets
• Acting in their own interest
• Not communicating with beneficiaries
• Delaying distributions unnecessarily

These disputes can lead to petitions for trustee removal or court intervention to clarify terms or enforce obligations.

3. Executor Misconduct

An executor is the person named in the will to handle the estate. If beneficiaries believe the executor is mishandling funds, failing to distribute assets, or not following the will, they can petition the court for their removal and seek damages.

4. Sibling Rivalry or Family Conflict

In many estates, the root of litigation is long-standing family tension. When emotions run high and money is involved, disputes between siblings, stepchildren, or distant relatives can escalate quickly.

5. Ambiguities in the Will or Trust

Poorly written or outdated documents can create confusion. For example, a will may name a beneficiary who has since passed away, or it may not address newly acquired property. These ambiguities often require court interpretation.

The Process of Estate Litigation

Estate litigation typically follows these steps:

1. Filing a Petition

An interested party (usually a beneficiary or heir) files a petition in probate court to initiate legal proceedings.

2. Notification

All relevant parties—other beneficiaries, the executor/trustee, and sometimes creditors—are notified of the petition.

3. Discovery

During this stage, both sides gather evidence. This might include financial records, medical records (to prove incapacity), emails, and witness statements.

4. Court Hearings or Mediation

Some disputes are resolved through mediation, where a neutral third party helps the parties come to an agreement. Others proceed to full court hearings, which can be time-consuming and expensive.

5. Judgment or Settlement

The court either issues a ruling or the parties reach a negotiated settlement. The estate is then administered based on the final decision.

The Cost of Litigation: Financial and Emotional

Estate litigation can be expensive, especially if it drags on for months or years. Legal fees, court costs, and administrative expenses quickly add up. In many cases, the estate itself pays for some of the litigation—but not always.

Meanwhile, beneficiaries who expected to receive funds quickly may find themselves struggling financially, especially if they’ve taken time off work to deal with the estate or are dealing with added expenses (such as funeral costs or outstanding debts).

Add to that the emotional toll of fighting with family members in court, and the experience becomes even more overwhelming.

How Inheritance Loans Can Help During Litigation

When estate litigation delays your inheritance, it doesn’t mean you have to wait indefinitely to access the funds you’re entitled to.

Approved Inheritance Cash offers inheritance loans (also known as inheritance advances) that give beneficiaries immediate access to their future inheritance—before probate or litigation is resolved.

Here’s how it works:

• You apply for a loan based on your expected share of the estate or trust.
• We evaluate your claim—not your credit score or employment.
• You receive a lump sum upfront, typically within a few days.
• You only repay the loan if and when you receive your inheritance.

That means if the estate litigation results in a reduced or denied inheritance, you don’t owe anything back—because the loan is non-recourse.

This financial cushion can help you:

• Pay legal fees
• Cover daily expenses while waiting
• Avoid taking out high-interest personal loans
• Gain leverage in negotiations

Real-World Scenario: Estate Litigation and Financial Strain

Imagine a scenario where three adult siblings are named as equal heirs in their father’s will. But just before he passed, he signed a new will naming only one sibling as the sole beneficiary. The other two siblings believe he was under undue influence and lacked mental capacity at the time.

They file a lawsuit to challenge the will. But the process is expected to take over a year to resolve. One sibling, Lisa, is a single mother who was counting on her share to pay off debts and cover living expenses. Instead of waiting, she applies for an inheritance loan with Approved Inheritance Cash and receives an advance based on her potential future share. This gives her the breathing room she needs during the legal battle.

Conclusion: Estate Litigation Doesn’t Have to Mean Financial Hardship

If you’re involved in estate litigation, you’re not alone. Disputes over wills and trusts are more common than ever—especially as families become more complex and wealth passes between generations. While you may be entitled to a significant inheritance, the legal process can leave you waiting far longer than expected.

At Approved Inheritance Cash, we believe heirs shouldn’t have to suffer financially while the courts sort things out. Our inheritance loans help bridge the gap, giving you the money you need now with no risk and no credit checks.

Need Immediate Access to Your Inheritance?

Contact Approved Inheritance Cash today to learn how we can help you unlock your future inheritance—before the court says it’s time.

Call us now or apply online to get started.