5 Litigation Law Glossary Terms You Should Know
Our Bethesda, MD litigation law firm frequently guides clients through complex estate-related disputes that often involve technical legal terms. To make these matters easier to understand, we’ve prepared a glossary of key phrases you might encounter during your case. These terms relate specifically to estate litigation and legal proceedings in probate court, providing clarity around processes that impact heirs, executors, and family members. Knowing what these terms mean helps us move forward together more efficiently and gives you a better understanding of what to expect.
Kinship Litigation
Kinship litigation refers to legal proceedings where individuals assert their familial relationship to a deceased person to claim inheritance rights. This issue often comes up when the decedent dies intestate—that is, without a will. In Bethesda, Maryland, kinship litigation may require extensive documentation to prove a biological or legal relationship to the deceased, such as marriage certificates, adoption records, or genetic tests. These cases can also arise when relatives challenge the inheritance rights of others or when distant family members dispute a will’s interpretation. Our litigation team handles these matters with care, as they often involve deep family divisions and legally sensitive issues.
Trust Contest
A trust contest is a formal challenge to the legality or administration of a trust document. These cases often allege that the trust was executed under undue influence, coercion, or when the grantor lacked mental capacity. In Bethesda, MD, trust contests are generally filed in the Orphans’ Court, which has jurisdiction over probate and trust matters. The outcome of a trust contest could lead to modifying the terms of a trust, appointing a new trustee, or declaring the trust invalid. When beneficiaries feel misled or excluded, or when trustees are accused of mismanagement, trust contests can help resolve the dispute under judicial review.
Executor Removal Petition
An executor removal petition is a request submitted to the court seeking to discharge an estate executor from their role. In Bethesda, Maryland, executors are expected to act in the estate’s best interests and adhere to their fiduciary duties. When an executor fails to perform essential responsibilities—such as distributing assets, responding to court filings, or maintaining accurate records—any interested party may petition for their removal. This process requires evidence showing misconduct, neglect, or inability to perform duties. If successful, the court will appoint a replacement to manage the estate. Removing an executor helps preserve the integrity of the estate administration process.
Will Construction Proceeding
A will construction proceeding is initiated when the language in a decedent’s will is vague, contradictory, or unclear. This legal process allows a court in Bethesda, MD to interpret the decedent’s intentions as accurately as possible. For instance, confusion may arise from outdated references to property, inconsistent naming of beneficiaries, or clauses that seem to conflict. Courts may accept evidence outside the will—such as past communications or witness testimony—to determine what the decedent likely intended. This proceeding is especially useful when multiple interpretations of a will exist, allowing beneficiaries and executors to proceed with clarity and confidence.
Ancillary Probate
Ancillary probate is a secondary legal proceeding required when a deceased individual owned property outside the state of primary residence. If someone living in Bethesda, MD owned real estate in another state—like Florida or New York—an additional probate case must be opened in that state to transfer property title to heirs. This ensures compliance with the laws of the state where the property is located. Ancillary probate may involve working with attorneys in multiple jurisdictions and submitting documentation such as death certificates, will copies, and court orders from the original probate case. While this process can delay distribution, it’s essential for legally transferring out-of-state assets.
As a trusted Bethesda, MD litigation law firm, Brown Kiely LLP offers practical support during these emotionally and legally challenging cases. We understand how these terms can seem overwhelming, especially during a period of grief or uncertainty. Whether your concern involves a will, trust, or executor issue, we’re here to move the case forward efficiently and with care.
If you or a family member are involved in an estate dispute or related probate matter, let’s discuss how we can help. Reach out today to schedule your consultation.
