A will that suddenly changes. An executor who won’t account for missing money. A family member who believes they’ve been unfairly cut out of an inheritance. Estate disputes can raise serious questions about your rights and what really happened, and you shouldn’t have to settle for unanswered questions.
At Southern Estate Lawyers, our Alabama estate litigation attorneys represent heirs, beneficiaries, executors, and trustees in estate disputes in all 67 Alabama counties, with frequent work in the probate and circuit courts of Jefferson, Shelby, Mobile, and Baldwin counties. With over $12 million recovered in contested estate and trust matters, we have the experience to investigate wrongdoing, challenge improper conduct, and pursue the outcome the law supports.
What Is Alabama Estate Litigation and Why Does It Happen?
Estate litigation involves legal disputes over a deceased person’s will, trust, property, or the way their estate is being managed. These cases may arise when someone questions whether a will is valid, believes an executor or trustee has misused assets, or disagrees with how an inheritance is being distributed. Both beneficiaries and the people responsible for administering an estate may need legal representation.
Most disputes are decided in Alabama probate or circuit court, depending on the type of claim and the court’s jurisdiction. Will and estate disputes are governed by Title 43 of the Code of Alabama 1975, and trust disputes by the Alabama Uniform Trust Code in Title 19. A will contest, for example, follows different legal procedures than a claim against a trustee for mishandling trust funds. This is just one reason why so many families in Alabama turn to our estate litigation lawyers.
Not every disagreement has to become a lawsuit. Some can be resolved through negotiation or mediation, while others require court intervention, and there are ways to reduce the risk of disputes before they happen. Our estate planning lawyers in Alabama can help you prepare clear, legally sound wills, trusts, and other documents that leave less room for misunderstandings or challenges later.
Why Choose Southern Estate Lawyers for Estate Litigation in Alabama?
There’s a difference between knowing how to draft a will or trust and knowing how it holds up in court. At Southern Estate Lawyers, both are a core part of what we do. Our attorneys combine estate planning knowledge with extensive litigation experience in Alabama’s probate and circuit courts. That gives us a valuable perspective on how disputes arise, what really matters in court, and how to build a strong case for you.
✓ Over $12 million recovered in contested estate and trust matters, including individual estate dispute settlements of $3 million and $2.5 million.
✓ 110+ years of combined legal experience among our attorneys and paralegals.
✓ More than 2,000 Alabama families served in estate, probate, and related matters.
✓ 400+ five-star Google reviews from clients across the state.
✓ Experience representing both sides of estate disputes, including heirs, beneficiaries, executors, and trustees.
✓ Local offices in Birmingham, Mobile, and Foley, serving families throughout Alabama.
✓ Direct attorney involvement, with clear explanations of your options and regular updates on your case.
Estate disputes can put family relationships, years of hard work, and significant assets on the line. We understand how personal these cases can become, and we take that responsibility seriously. Whatever your role in the dispute, you can count on our team to listen, keep you informed, and fight for what you’re legally entitled to.
What an Estate Litigation Lawyer Does for Your Case
Estate disputes rarely begin in the courtroom. Before filing a will contest, trust dispute, or fiduciary claim, it’s important to establish what happened, what the documents actually say, and whether anyone improperly influenced, managed, or distributed the estate. That’s already a lot to deal with, and it’s only the beginning.
From the moment you hire an estate litigation lawyer at our firm, you gain an entire team ready to protect your interests.
- Investigating the dispute: Reviewing wills, trusts, financial records, property transfers, and the circumstances surrounding contested decisions.
- Identifying your legal options: Determining what claims or defenses may apply and which Alabama court has jurisdiction.
- Gathering evidence: Obtaining relevant documents, questioning witnesses, and consulting experts when needed.
- Taking legal action: Filing or responding to will contests, trust disputes, and claims involving executor or trustee misconduct.
- Representing you in negotiations and court: Advocating for your position throughout settlement discussions, hearings, and trial proceedings.
- Following through on the outcome: Pursuing appropriate court orders and helping address issues involving asset recovery, accountings, or distribution.
The outcome of an estate lawsuit in Alabama isn’t always a simple division of an inheritance. Depending on the circumstances, you may be seeking to invalidate a will, recover missing assets, remove a trustee or an executor, or obtain a proper accounting of estate funds. We’ll help you understand which remedies are available and what pursuing them could mean for the estate and your family.
Talk to an Alabama Estate Litigation Attorney Today
Whether you’re challenging a will, questioning how an estate is being handled, or defending yourself against a claim, we’re ready to hear your story and help you understand what comes next. With offices in Birmingham, Mobile, and Foley, our estate litigation lawyers can represent you anywhere in Alabama.
Common Types of Estate Disputes We Handle at Southern Estate Lawyers
Different estate disputes call for different legal approaches. The grounds for challenging a will aren’t the same as those for holding a trustee accountable, and the evidence, deadlines, and remedies can vary significantly. Here’s a closer look at some of the types of cases we handle in probate and circuit courts across Alabama.
Will Contests
A will isn’t automatically valid just because someone presents it to the probate court. If you believe a loved one was pressured into signing it, lacked the mental capacity to understand it, or the document wasn’t properly executed, you may have grounds to challenge it. We represent people contesting a will as well as those defending its validity. A successful contest may result in an earlier valid will or Alabama’s intestacy laws determining the inheritance. In counties without equity jurisdiction, a will contest filed in probate court can be moved to circuit court on request, as long as the request is made at least 42 days before the first trial setting. In counties where the probate judge exercises equity jurisdiction, the contest stays in probate court.
Trust Litigation
A trust is supposed to be managed according to its terms and the law, but disagreements can arise over distributions, unclear instructions, or how the trustee handles the assets. Our attorneys represent beneficiaries seeking answers and trustees facing challenges to their decisions. We handle disputes involving trust interpretation, accountings, improper distributions, and violations of a trustee’s legal duties in Alabama. Under Section 19-3B-813 of the Alabama Uniform Trust Code, trustees must keep qualified beneficiaries reasonably informed and respond to reasonable requests for information about the trust.
Undue Influence and Lack of Capacity
Did a loved one suddenly change their estate plan shortly before passing away? Was someone controlling who they could see, what they signed, or how they handled their money? These circumstances can raise questions about undue influence or testamentary capacity. However, an unexpected decision or a medical diagnosis alone doesn’t prove wrongdoing. In Alabama, undue influence may be presumed when a beneficiary had a confidential relationship with the person, held the dominant role in that relationship, and was actively involved in preparing or signing the will. Our attorneys examine medical records, witness testimony, and the circumstances surrounding the document to determine whether a legal challenge is justified.
Breach of Fiduciary Duty and Executor Misconduct
Executors and trustees are trusted with someone else’s assets, and Alabama law places important responsibilities on them. If an executor refuses to account for estate funds, favors certain beneficiaries improperly, conceals assets, or uses estate property for personal gain, legal intervention may be necessary. We help clients pursue accountings, recover misused assets, and seek removal of an executor in Alabama under Section 43-2-290 of the Code of Alabama 1975, or removal of a trustee under Section 19-3B-706, when the law supports it. We also defend executors and trustees who are carrying out their duties but face accusations from dissatisfied beneficiaries.
Estate Fraud and Financial Exploitation
Forged signatures, suspicious property transfers, and missing funds may indicate fraud or financial exploitation. These disputes can involve transactions made before or after a person’s death, including the misuse of powers of attorney. Your attorney can investigate these transactions, trace property and funds, and pursue civil claims when fraud or exploitation has affected an inheritance, along with referrals to law enforcement or Adult Protective Services where appropriate.
Hear It From Our Clients in Alabama
Families across Alabama come to us for help with estate planning, wills and trusts, and probate matters, and their experiences speak for themselves. See why clients trust Southern Estate Lawyers to protect what matters most.
Frequently Asked Questions
Below are answers to some of the most common questions we hear from the clients we represent. For guidance on your specific situation, contact us to speak directly with a lawyer.
How much does estate litigation cost in Alabama?
The cost of estate litigation depends on how contested the matter is and how far it proceeds in probate or circuit court. Southern Estate Lawyers offers several fee arrangements so families can choose the one that fits their situation. We handle cases on a traditional hourly basis. We also know many families cannot afford hourly rates while an inheritance is tied up in a dispute. That is why we offer pure contingency fee arrangements, where our fee comes from what we recover for you. We also offer hybrid arrangements that combine a smaller upfront retainer with a contingency fee for the rest. Which options are available depends on the type of case. In some cases, an Alabama court can also order attorney’s fees to be paid from the estate or trust. We offer free case evaluations, so you can understand your options and the likely cost before you commit.
How long do I have to contest a will in Alabama?
In Alabama, a will contest is filed in the probate court where the will is offered for probate, either before the will is admitted or within 180 days after it is admitted (Code of Alabama 1975, Section 43-8-215). In counties where the probate judge exercises equity jurisdiction, such as Jefferson, Shelby, Mobile, and Baldwin, the contest stays in probate court. In counties without equity jurisdiction, a party can ask to move the contest to circuit court. These rules, found in Sections 43-8-210 through 43-8-217, apply to wills filed for probate on or after January 1, 2023. Wills filed before that date follow the earlier rules in Sections 43-8-190 and 43-8-199, which allowed six months to file a contest in circuit court. Once the deadline passes, the right to contest is usually lost. If you suspect something is wrong, speak with an Alabama will contest lawyer as soon as possible.
Can a trust be challenged in Alabama?
Yes. An Alabama trust may be challenged for reasons such as undue influence, fraud, or lack of capacity. Beneficiaries may also bring legal claims against trustees who misuse trust assets, fail to follow the trust’s terms, or breach their fiduciary duties. Our attorneys handle both challenges to a trust’s validity and disputes over how it is administered.
Who can file an estate lawsuit in Alabama?
That depends on the type of dispute and your legal interest in the estate or trust. Heirs, beneficiaries, creditors, executors, and trustees may have the right to bring or defend certain claims, but not everyone who disagrees with an estate decision has legal standing to sue. We can review your relationship to the estate, explain your rights, and determine what legal action may be available.
How do I remove an executor in Alabama?
To remove an executor in Alabama, you must petition the court and provide evidence of legal grounds for removal. Under Section 43-2-290 of the Code of Alabama 1975, these may include misusing estate funds, mismanaging assets, or failing to fulfill required duties. Simply disagreeing with an executor is not enough. Our Alabama estate litigation attorneys can help you gather evidence and seek removal when legally justified.
Do all estate disputes in Alabama have to go to trial?
No. Many estate disputes can be resolved through negotiation or mediation without going to trial. This can reduce legal expenses, delays, and additional strain on family relationships. Your Alabama estate litigation attorney pursues a fair resolution whenever possible, while preparing to represent you in court when the dispute cannot be resolved through an agreement.
Start With a Free Case Evaluation
Not sure if you have grounds to challenge a will, question a trustee’s actions, or defend yourself against a claim? Our Alabama estate planning and litigation lawyers are here to help you figure it out.
To schedule a free consultation, call us, reach out through our contact page, or visit one of our offices in Mobile, Foley, or Birmingham.