ESTATE LITIGATION

Understanding Estate Litigation: Protecting Your Rights in Orphans’ Court

Estate litigation is an emotionally and legally complex process that arises when disputes occur over a loved one’s estate, will, or power of attorney. In Pennsylvania, these matters are handled in the Orphans’ Court, a division of the Court of Common Pleas that oversees estate administration, guardianships, and fiduciary disputes. If you find yourself facing estate-related legal challenges, understanding your rights and legal options is critical.

Estate litigation can take many forms, but some of the most common disputes include:

A will contest occurs when an interested party—such as a beneficiary, heir, or excluded family member—challenges the validity of a will. Grounds for challenging a will include:

• Lack of Testamentary Capacity – The testator (person making the will) did not have the mental capacity to understand the nature of their estate or the impact of their decisions.
• Undue Influence – A person in a position of power (such as a caregiver or family member) exerted undue pressure on the testator to change their will in a way that does not reflect their true intentions.
• Fraud or Forgery – The will was altered, forged, or signed under false pretenses.
• Improper Execution – Pennsylvania law requires specific formalities for a will to be valid, such as proper witnessing and signing.

A power of attorney (POA) grants someone authority to manage another person’s financial or personal affairs. Unfortunately, abuse of power of attorney is a common issue in estate litigation. You may have grounds to challenge a POA if:

• The agent (person given power) is mismanaging assets or acting against the best interests of the principal (person granting power).
• The POA document was obtained through coercion, undue influence, or fraud.
• The principal lacked the mental capacity to understand the POA when signing it.
• The agent is engaging in financial exploitation or self-dealing.

Executors, administrators, and trustees have a legal duty to act in the best interest of the estate and its beneficiaries. Litigation may be necessary when an estate fiduciary:

• Fails to properly account for assets.
• Mismanages or misappropriates estate funds.
• Refuses to distribute assets as required by the will or Pennsylvania law.

If you believe a will, power of attorney, or estate is being mishandled, you must take prompt legal action to protect your rights. Key steps include:

1. Gather Evidence – Document any suspicious transactions, unusual behavior, or discrepancies in estate documents.
2. Seek Legal Counsel – The Hardy Law Firm  can assess your case and advise you on your legal options.

At The Hardy Law Firm, we understand the emotional toll and legal complexities of estate disputes. With decades of experience in estate planning, probate, and litigation, we advocate for our clients to ensure their loved one’s wishes are honored and that estate administration is handled fairly.

If you are facing an estate litigation issue, contact us today for a consultation. We will work tirelessly to protect your rights and seek the justice you deserve in Orphans’ Court.

Call us at  215-996-7612 to schedule a consultation.