Estate
Disputes
Inheritance conflicts can tear families apart. We provide clear-headed counsel to protect your rights and resolve disputes efficiently.
⚖️ Key Takeaways
- Will contests must generally be filed within 3 months of admission to probate (58 O.S. § 67)
- Undue influence and lack of capacity are the most common grounds for contesting a will
- Trust disputes may involve breach of fiduciary duty by the trustee
- Oklahoma's "no contest" clauses (in terrorem) are generally enforceable
- Heirs may challenge a will if proper execution formalities were not followed
- Tortious interference with inheritance is a recognized cause of action in Oklahoma
Types of Estate Disputes
Will Contests
A will contest challenges the validity of a will. Common grounds include:
- Lack of testamentary capacity – The testator didn't understand the nature or extent of their property or who their heirs were
- Undue influence – Someone in a position of trust pressured the testator to change their will
- Fraud or forgery – The will was procured by deception or is not authentic
- Improper execution – The will wasn't signed or witnessed as required by Oklahoma law
Trust Disputes
- Challenges to trust validity or amendments
- Claims of trustee mismanagement or self-dealing
- Disputes over trust interpretation
- Demands for accountings and transparency
- Removal of trustees
Inheritance Disputes
- Disputes among heirs over asset distribution
- Claims by omitted or pretermitted heirs
- Challenges to beneficiary designations on accounts and insurance
- Disputes involving joint accounts and property
Fiduciary Duty in Estate Matters
Personal representatives and trustees owe strict fiduciary duties to beneficiaries:
- Duty of Loyalty – Act solely in the best interest of beneficiaries, never for personal gain
- Duty to Account – Provide accurate, complete financial records to beneficiaries
- Duty of Impartiality – Treat all beneficiaries fairly
- Duty of Prudent Management – Manage estate or trust assets as a reasonably prudent person would
Breach of these duties can result in personal liability, removal, and surcharge against the fiduciary.
Our Approach
Case Evaluation
We analyze the governing documents, family dynamics, and the strength of your legal position. Estate disputes involve both legal and emotional complexity—we give you honest, practical guidance.
Mediation & Settlement
Many estate disputes can be resolved through negotiation or mediation, preserving family relationships and reducing costs. We pursue settlement when it serves your interests.
Litigation
When resolution isn't possible, we advocate aggressively in court. We handle contested probate proceedings, trust litigation, and related claims through trial and appeal.
Important Deadlines
Estate disputes are time-sensitive. Key deadlines include:
- Will contests: Generally 3 months from admission to probate
- Claims against the estate: 2 months from published notice to creditors
- Breach of fiduciary duty: Varies by the nature of the claim
- Trust disputes: May be subject to specific limitations in the trust document
Frequently Asked Questions
Common questions about estate disputes
How long do I have to contest a will? +
Generally 3 months from when the will is admitted to probate. Some exceptions may apply, but time is critical—consult an attorney immediately if you believe a will should be challenged.
What is undue influence? +
Undue influence occurs when someone in a position of trust or authority pressures a vulnerable person to change their estate plan against their true wishes. Common indicators include isolation from family, a sudden change in documents, and a close relationship with the person who benefits.
Can I remove a trustee? +
Yes. Courts can remove a trustee for breach of fiduciary duty, failure to account, self-dealing, or other misconduct. The trust document may also provide removal procedures.
What if I was left out of a will? +
If you were unintentionally omitted (a "pretermitted heir"), Oklahoma law may entitle you to a share. If intentionally omitted, your options depend on whether there are grounds to contest—such as undue influence or lack of capacity.
What does a "no contest" clause mean? +
An "in terrorem" or no-contest clause says you lose your inheritance if you challenge the will. Oklahoma generally enforces these, but they may not apply if you had probable cause for the contest.
Can I get an accounting from the personal representative? +
Yes. Beneficiaries and heirs have the right to demand an accounting of estate or trust transactions. If the fiduciary refuses, the court can compel it.
Protect Your Inheritance Rights
Time limits apply to estate disputes. Schedule a consultation today.