Estate and Trust Litigation

Estate and trust litigation in Indiana involves disputes over the validity, interpretation, or administration of wills, trusts, and estates. Common actions include will contests (IC § 29-1-7-17), trust disputes, challenges to fiduciary conduct, claims against executors and trustees for breach of duty, and disputes among beneficiaries over distributions. These cases are heard in Indiana’s probate courts (circuit courts in most counties) and involve the intersection of estate planning law, fiduciary duty, and civil litigation procedure.

Will Contests

A will contest challenges the validity of a will on grounds including lack of testamentary capacity (the testator didn’t understand what they owned or who their heirs were), undue influence (someone improperly pressured the testator), fraud (the testator was deceived about the document’s contents), or improper execution (the will wasn’t signed or witnessed according to Indiana law). Under IC § 29-1-7-17, a will contest must be filed within three months of the will’s admission to probate. Missing this deadline typically bars the contest permanently.

Trust Disputes

Trust litigation arises when beneficiaries challenge the trustee’s management of trust assets, dispute the interpretation of trust terms, or allege that the trust was created under duress or undue influence. Indiana’s Trust Code (IC § 30-4) governs trustee duties, beneficiary rights, and the procedures for modifying or terminating trusts. Trustees owe fiduciary duties of loyalty, impartiality, and prudent administration — and beneficiaries can petition the court to remove a trustee who breaches these duties.

Fiduciary Misconduct Claims

Executors, administrators, trustees, and guardians are all fiduciaries with legal obligations to act in the best interests of the beneficiaries or ward. Claims against fiduciaries include self-dealing (using estate or trust assets for personal benefit), failure to account (not providing required financial reports to beneficiaries), mismanagement of assets (imprudent investments or failure to diversify), and failure to distribute (withholding distributions without legal justification). Indiana courts can remove fiduciaries, order accountings, impose surcharges (personal liability for losses), and award attorney’s fees to prevailing beneficiaries.

Guardianship Disputes

Disputes over adult guardianship arise when family members disagree about whether guardianship is necessary, who should serve as guardian, or how the guardian is managing the protected person’s affairs. Indiana’s guardianship statutes (IC § 29-3) require courts to appoint the least restrictive form of guardianship and to prioritize the protected person’s autonomy. Guardianship litigation often involves competing petitions from family members, allegations of financial exploitation, and requests to remove or replace an existing guardian.

Frequently Asked Questions

How long do I have to contest a will in Indiana?

Three months from the date the will is admitted to probate (IC § 29-1-7-17). This is a strict deadline. If you believe a will is invalid, consult an attorney immediately — the investigation and preparation of a will contest takes time, and you cannot file after the deadline passes.

Can I remove an executor or trustee who isn’t doing their job?

Yes. Indiana courts can remove fiduciaries for breach of duty, failure to account, self-dealing, incapacity, or other grounds showing that continued service is not in the best interests of the beneficiaries. You must file a petition with the court and present evidence of the fiduciary’s misconduct or failure to perform.

What does it cost to contest a will or trust?

Estate and trust litigation varies widely in cost depending on complexity. A straightforward will contest based on improper execution may resolve for $10,000-$25,000. Complex disputes involving allegations of undue influence, expert testimony, and extensive discovery can cost $50,000-$150,000+. Many estate litigation matters settle through mediation before trial.