Why Relatively Few Attorneys Focus Upon Estate, Trust, and Probate Litigation As A Primary Focus Of Their Law Practice

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Inheritance litigation is a unique area of practice which blends technical law, courtroom advocacy, and emotionally-charged family disputes.  Some attributes of this niche are as follows:

  • Highly Specialized Knowledge

Estate and trust litigation requires intimate familiarity with the probate code, trust code, related statutes, rules of civil procedure and evidence, prior court decisions from the Arkansas Court of Appeals and Supreme Court, and experience with the unique issues arising in these cases.  While many attorneys focus on estate planning (drafting wills, trusts, etc.), not nearly as many deal with contested inheritance disputes. 

  • Emotional Complexity

These wealth wars often involve family members fighting over inheritances and allegations of undue influence, fraud, incompetency or diminished capacity, procurement, forgery, and similar claims.  Attorneys must navigate not only the law but also volatile family dynamics, which can be draining and difficult.  We call these cases “divorces on steroids.”

  • Time and Cost Intensive

Contested probate cases can sometimes last many months or years, requiring extensive discovery, forensic accountants and other types of expert witnesses, and trial preparation.  Many lawyers prefer other types of litigation, or no litigation at all, such as transactional estate planning work which is also challenging but more predictable and far less adversarial.

  • Limited Market

Compared to areas like personal injury, family law, and criminal defense, inheritance litigation involves a much smaller niche.  While many attorneys dabble in these cases, the number of attorneys in Arkansas who focus primarily---much less exclusively---upon estate, trust and probate disputes is very small.

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Few attorneys choose the unique career path of inheritance litigation, but those who do can be invaluable when disputes arise over wills, trusts, estates, powers of attorney, beneficiary designations, etc.  By carefully researching the attorney’s experience, specialization, credentials, and strategy, you can find the right advocate to protect your interests during one of life’s most complex legal challenges.

Matt House can be contacted by telephone at 501-372-6555, by e-mail at mhouse@jamesandhouse.com, by facsimile at 501-372-6333, or by regular mail at James, House, Swann & Downing, P.A., Post Office Box 3585, Little Rock, Arkansas 72203.