Inheritance litigation is the legal process by which the probate court resolves disputes arising over inheritances. This area of the law can include everything from disputes among family members about who is entitled to what portion of a deceased person’s estate or trust to disputes over the validity of their will or trust document.. If you are involved in an inheritance dispute or are wondering whether to participate in one you should know a few key things:

• The burden of proof generally lies with the person challenging their inheritance or lack of one; however, the burden of proof can switch to the opposing party mid-litigation if the facts of your case give rise to a presumption of undue influence under the law.Inheritance disputes can be expensive and time-consuming, although the payoff can be worth it if your case reaches a favorable resolution. If you are considering contesting an inheritance, you should speak with an attorney to discuss potential costs, and the advantages and disadvantages of litigating.
• If you stand to receive an inheritance from an estate or trust, failing to participate in another party’s inheritance dispute can prove detrimental to your own inheritance, as the other parties to the dispute may reach a resolution that adversely affects your interests.
• Many inheritance disputes can be resolved without a full-blown trial through mediation, which is a negotiation between the parties led by a neutral mediator with the goal of reaching a settlement agreement. If a resolution can be reached through this method, it can save you a great deal of time and money.