Contested Estate Attorneys in Maryland and Washington, D.C.
What Is Contentious Probate and What Issues It Covers?
Contentious probate refers to legal disputes that arise during the administration of a deceased person’s estate. Unlike uncontested probate, where the will is accepted and the estate smoothly distributed, contentious probate involves disagreements over the validity of a will, the conduct of the personal representative, or the rightful distribution of assets.
- Will contests (challenges to the validity of a will)
- Claims of undue influence or lack of capacity
- Breach of fiduciary duty by personal representatives
- Disputes between beneficiaries or heirs
- Omissions or misinterpretation of terms in the will or trust
- Fraud, forgery, or coercion
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What Are the Most Common Grounds for Contesting a Will?
Under Maryland and D.C. law, a will can be challenged for several reasons. The most common grounds include:
1. Lack of Testamentary Capacity
To create a valid will, the testator must understand the nature of their assets and the consequences of their decisions. If the person was suffering from dementia, cognitive impairment, or severe mental illness, their capacity may be questioned.
2. Undue Influence
If a caregiver, family member, or acquaintance pressured the testator to change the will in their favor, the will may be invalid. Courts look at factors such as isolation, dependency, and sudden changes in the estate plan.
3. Improper Execution
Maryland requires that wills be signed by the testator and witnessed by two individuals. D.C. also has formal execution requirements. A will that doesn’t meet these criteria may be ruled invalid.
4. Fraud or Forgery
If someone tricked the testator into signing a document or forged a signature, the entire will or specific provisions can be set aside.
5. Revocation by a Subsequent Will
If a newer will was created and properly executed, it usually revokes prior versions - something often disputed when multiple documents are discovered.
Our contested estate attorneys in Maryland and Washington, D.C. investigate each case thoroughly, reviewing medical records, financial documents, and witness testimony to build a compelling case.
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What Contested Estates Cover
Contested Wills
When a will is contested, its validity is challenged in probate court. Only a handful of people have the rights to challenge a will, including beneficiaries, heirs, and creditors. They usually take this action because they believe there was confusion, force, or foul play when the will was created.
No matter if you’re defending or challenging a will, you need strong evidence to support your claims. With 20+ years of experience, our will lawyers are there to guide you through the complex legal process and set things right for good.
Caveat Proceedings
When a will is contested, its validity is challenged in probate court. Only a handful of people have the rights to challenge a will, including beneficiaries, heirs, and creditors. They usually take this action because they believe there was confusion, force, or foul play when the will was created.
No matter if you’re defending or challenging a will, you need strong evidence to support your claims. With 20+ years of experience, our will lawyers are there to guide you through the complex legal process and set things right for good.
Undue Influence & Fraudulent Wills
At Colbert Law Firm, our fraudulent will lawyers handle cases involving forgery or fraudulent will regularly. If you’ve been accused of forgery or you think your rights have been challenged by forgery, fraud, or undue influence, we are here to provide all the help you need.
Guardianship Proceedings
At Colbert Law Firm, our fraudulent will lawyers handle cases involving forgery or fraudulent will regularly. If you’ve been accused of forgery or you think your rights have been challenged by forgery, fraud, or undue influence, we are here to provide all the help you need.
Why Hire Our Contested Estate Attorneys in Maryland and Washington, D.C.
When it comes to contested estates in MD and D.C., you need a trusted advocate.
Here’s why families turn to Colbert Law Firm:
- Deep Local Knowledge
We know the ins and outs of both Maryland’s Orphans’ Court system and D.C.’s Probate Division. - Litigation Experience
Estate disputes require courtroom experience. Our contentious probate attorneys have successfully litigated high-stakes will contests, fiduciary claims, and inheritance disputes. - Personalized Strategy
We understand that no two estate cases are alike. We tailor our legal strategy based on your goals, the nature of the dispute, and the legal remedies available. - Transparent Communication
Clients deserve to be informed. We keep you updated at every stage and provide realistic expectations for outcomes and timelines. - Client-Centered Values
We treat each client like family. We combine legal skill with compassion, especially important in cases involving grief, family conflict, and sensitive financial issues.
How Much Does an Estate Lawyer Cost in Maryland and D.C.?
Legal fees for contested estates can vary based on the complexity of the case, the length of litigation, and whether a settlement is reached out of court.
In both Maryland and D.C., probate litigation lawyer fees are usually hourly, ranging from $250 to $500 per hour depending on experience and the nature of the case. In some situations, the court may approve payment from the estate itself, especially when the dispute involves fiduciary misconduct or benefits all heirs.
Colbert Law Firm offers transparent billing and will explain whether your case qualifies for estate-funded legal fees, contingency arrangements (in some will contests), or hourly billing. We’ll always ensure you know what to expect before we begin.
How Long the Probate Process Takes in Maryland and Washington, D.C.
- Uncontested probate usually takes 6–12 months.
- Contested probate can take 12–24 months or more, especially if the matter goes to trial in the Orphans’ Court.
In Washington, D.C.:
- Uncontested estates are often closed within 9–18 months.
- If contested, the process can stretch to 2 years or longer, particularly if depositions, expert witnesses, or appeals are involved.
At Colbert Law, we aim to resolve disputes efficiently—whether through mediation, strategic negotiation, or, when necessary, aggressive litigation.
Questions to Ask a Probate, Wills, and Estate Lawyer
When selecting a probate or estate lawyer, it’s important to ask the right questions to ensure they are the best fit for your case. Here are some key questions to consider:
- Do you specialize in contested estates, or do you primarily handle general probate matters?
- Have you handled will contests or fiduciary litigation cases in Maryland or D.C.?
- How will you approach my case -mediation first, or immediate litigation?
- How are your fees structured? Do you offer hourly billing, contingency fees, or other options?
- Will I be working directly with you, or will my case be assigned to another attorney or staff member?
- How long do you expect my case to take, and what are the major risks involved?
- Can you provide references or share results from similar cases you have handled?
At Colbert Law, we welcome these important conversations. Our team is committed to transparency, thorough preparation, and tenacity to achieve the best possible outcome for you and your family.
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We proudly provide legal services throughout Maryland, including Prince George’s County, Charles County, Howard County, Anne Arundel County, Calvert County, Baltimore City, Baltimore County, Montgomery County, and in Washington, DC.
If you’re looking for a Washington law firm or a Maryland law firm, we’re here to help.