An Experienced Hand In Estate Litigation
Even with a well-crafted estate plan in place, issues or disputes may arise that can lead to lengthy and expensive court battles. If you’re facing this prospect now, talking to an experienced probate litigation attorney as soon as possible represents the best opportunity for achieving a more practical legal solution.
Representing Southeast Kansas Clients Since 1982
My name is Mark Werner, and I am an estate litigation attorney in Crawford County, Kansas. I have represented parties on all sides of these disputes over the course of my career, including spouses, children, beneficiaries, wards, guardians, conservators, personal representatives (executors) and other fiduciaries.
I have handled cases of every type as well, including:
- Will contests (challenges) based on grounds of fraud, undue influence, lack of testamentary capacity or unmet statutory requirements
- Spousal elective share claims
- Trust disputes
- Contested guardianships and conservatorships
- Allegations of “power of attorney” abuse
- Breach of fiduciary duty claims against personal representatives/executors, trustees, guardians and others
In many cases, my consultive approach to working with clients and pragmatic approach to litigation have allowed me to achieve timely results that satisfy my clients’ needs without exceeding their budgets or exhausting the estate’s assets.
Frequently Asked Questions About Contesting An Estate In Pennsylvania
It is natural for families to feel confused or uncertain when concerns arise about a deceased loved one’s estate. Accurate information can reduce confusion and stress, while helping you understand what legal options may exist under Pennsylvania law. Below, I have answered some common questions I often hear from the families and individuals I serve.
Can I challenge a will if I received less than expected or was not included?
Possibly. Pennsylvania allows challenges when someone has legal standing and a valid basis for a will contest. Those with standing usually include heirs who would inherit under intestacy, beneficiaries named in a prior will and parties with a direct financial interest affected by the challenged instrument.
However, courts do not permit contests based solely on disappointment or family tension. You must assert a recognized legal ground such as undue influence, lack of testamentary capacity or improper execution. Evidence such as medical records, witness statements and prior estate documents often plays a central role in evaluating whether a challenge is viable.
What do I need to prove undue influence occurred during a will contest?
Undue influence requires evidence showing that another person overcame the decedent’s free will, leading to a will that does not reflect independent judgment. Pennsylvania courts generally look for a confidential relationship, weakened intellect and a substantial benefit to the alleged influencer. A confidential relationship may arise when the decedent relied heavily on another person for daily needs, financial decisions or personal care.
Weakened intellect does not require total incapacity but involves a diminished ability to understand decisions or resist pressure. State courts typically evaluate medical records, caregiver involvement, financial patterns and witness testimony to determine whether influence crossed legal boundaries. Strong documentation and a swift investigation can help clarify whether undue influence likely occurred.
What constitutes a breach of fiduciary duty by the trustee?
A trustee is required to follow Pennsylvania fiduciary standards, which require loyalty, prudence and adherence to the trust’s terms. Breach of duty occurs when the trustee acts in a manner that harms beneficiaries or violates the required legal obligations. Examples include:
- Mismanaging assets
- Failing to provide the required accounting
- Ignoring distribution instructions
- Engaging in self‑dealing for personal gain
- Withholding information from beneficiaries
Trustees must invest assets responsibly, avoid conflicts of interest and maintain accurate records. Courts may remove a trustee or order financial remedies when misconduct is proven. Beneficiaries who suspect a breach should review trust documents, gather financial statements and assess whether actions align with statutory requirements.
Discuss Your Estate Litigation Needs With The Law Office of Mark A. Werner
Whether you are a family member, a named beneficiary or a fiduciary, waiting to speak with a knowledgeable lawyer about your rights and options only increases the likelihood that the situation will get out of hand and that protracted litigation will become unavoidable. I can help and am dedicated to finding the best ways to meet my clients’ needs without driving up costs.
My practice is based in Pittsburg, but I routinely represent clients from every part of southeast Kansas. To set up an appointment with me, call my office at 620-206-4082 or fill out this online form.
Office hours are 8 a.m. to noon and 1 to 5 p.m. Monday through Friday. Evening and weekend appointments are available.
