Though the majority of estates sail smoothly through probate, disputes do crop up at times. Heirs will disagree about how to interpret a Will’s provisions. Someone will emerge and claim to be a common-law spouse. A relative who did not receive an expected inheritance will challenge the Will writer’s mental capacity. A party will accuse a personal representative of misconduct.

In these cases and in many other situations, the probate litigation attorneys at Morton & Gettys stand ready to help. We have represented named beneficiaries, charities and other affected parties in a range of probate cases that have led to litigation. We also have counseled personal representatives in disputes over interpretation of Wills.

Though our veteran lawyers have the experience to present the case in probate court if necessary, we also are skilled at helping parties reach mutually agreeable resolutions. Our attorneys have worked with thousands of clients over the course of their careers, a depth of experience that has allowed them to develop some insight into family dynamics. Often the lawyers are able to turn to that experience to help work out a solution that saves families from suffering the financial and emotional consequences of protracted litigation.

Not all probate litigation stems from a family feud, though. Sometimes estates will have to take cases to court to recover money owed the estate or to challenge tax apportionment.

Neither is probate litigation limited to wills and inheritances. Disputes can arise over guardianships or conservatorships, with one side or the other challenging either the need for an appointment or the person appointed. Legal battles can flare up over Powers of Attorney. Trustees and beneficiaries disagree about restrictions or requirements of a trust.

Regardless of the reasons for the estate winding up in court, whether it is the absence of a Will or challenging a Will, the attorneys at Morton & Gettys are fully prepared to fight for the best possible outcome for you.

John P. Gettys, Jr.


P 803.366.3388  F 803.366.4044

Nate Pierce


P 803.366.3414  F 803.366.4044