Will Litigation Attorney in Scranton

Facing A Dispute Over A Loved One’s Will? Call Rogan Law

Losing a family member is hard enough. When questions arise about a will, or when relatives are arguing over what should happen with the estate, the stress can quickly become overwhelming. If you are searching for a will litigation attorney in Scranton, you likely want clear answers and steady guidance, not drama.

At Rogan Law, we work with people who find themselves in the middle of these disputes and are unsure what to do next. You may suspect the will is not valid, feel you were treated unfairly, or need to defend a will that others are attacking. Whatever your position, we understand that your relationship to your loved one’s legacy is deeply personal.

Our firm is based in Scranton, and Attorney Patrick Rogan brings over 30 years of legal experience to contested matters. We offer a free initial consultation and are available 24/7, so you can talk with our team when questions or conflicts cannot wait. From the first conversation, our goal is to help you understand your options and protect your interests.

If you suspect a will is fraudulent or was signed under pressure, do not wait. Contact a will litigation attorney in Scranton at (570) 906-8532 or reach out online for your free consultation. We are available 24/7 to help.

Understanding Will Litigation in Pennsylvania

In Pennsylvania, will litigation (often referred to as a "will contest") is governed by the PEF Code (Probate, Estates, and Fiduciaries Code). Contesting a will is a rigorous process that requires more than just a sense of unfairness; it requires specific legal grounds.

As your Scranton will litigation lawyer, we analyze cases based on the primary grounds recognized under Pennsylvania law:

• Lack of Testamentary Capacity: To create a valid will, the "testator" (the person making the will) must be of "sound mind." This means they must understand the nature of their assets, identify their natural heirs, and comprehend the distribution plan. If the decedent suffered from advanced dementia, Alzheimer’s, or severe cognitive impairment, the will may be declared invalid.
• Undue Influence: This occurs when a person in a position of trust—such as a caregiver, neighbor, or even a relative—uses coercion or manipulation to overpower the testator’s free will. In Pennsylvania, if we can prove the testator had a "weakened intellect" and the influencer held a "confidential relationship" while receiving a substantial benefit, the burden of proof shifts to the influencer to defend the will.
• Fraud or Forgery: A will can be challenged if the signature is not authentic or if the testator was tricked into signing a document they did not realize was a will.
• Improper Execution: Pennsylvania law has strict formalities for how a will must be signed. While witnesses are not always strictly required for a will to be valid, the signature must be at the "logical end" of the document. Any technical failure in the signing process can lead to the will being set aside.

Standing and the Statute of Limitations

Not everyone can challenge a will. To initiate litigation, you must have "standing." This generally means you are an "interested party" who would financially benefit if the current will were set aside—such as a person named in a previous version of the will or an heir-at-law under Pennsylvania’s intestacy statutes.

Time is of the essence in estate disputes. In Pennsylvania, once a will has been admitted to probate by the Register of Wills, you typically have one year to file an appeal. However, in some circumstances, the court can shorten this window to just three months. Waiting too long can permanently bar your right to seek justice. Because we are available 24/7, we are ready to take immediate action the moment you suspect foul play.

The Estate Litigation Process in Scranton

Will litigation is a formal court process that takes place in the Orphans' Court Division of the Court of Common Pleas.

1. Filing a Caveat or Appeal: If the will has not yet been probated, we can file a "Caveat" to stop the process. If probate has already begun, we file an "Appeal from Probate" to challenge the will’s validity.
2. The Discovery Phase: This is the most critical part of the case. We use our 30 years of experience to subpoena medical records, bank statements, and cell phone records. We take depositions of witnesses and medical professionals to reconstruct the testator's mental state at the time the will was signed.
3. Expert Testimony: We often work with geriatric psychiatrists, forensic handwriting analysts, and private investigators to provide the scientific evidence needed to prove incapacity or forgery.
4. Mediation and Trial: Many estate disputes are resolved through mediation, saving the estate from the costs of a prolonged battle. However, if a fair settlement cannot be reached, we are veteran trial lawyers prepared to present your case before a judge.

How Rogan Law Approaches Will Disputes

When you contact our firm about a potential will contest, we focus first on listening. We want to understand your relationship to the person who passed away, what you know about the estate, and what has already happened with the Register of Wills or the court. From there, we review the documents you have and discuss what additional information may be important.

As a will litigation attorney in Scranton, we see our role as providing both legal analysis and real-world guidance. Our team looks at factors such as when the will was signed, who was involved, and what medical or financial records may exist. We talk with you about possible grounds to challenge or defend the will, and we explain the potential risks, costs, and timelines in straightforward terms.

Attorney Patrick Rogan has spent more than three decades handling serious and often contentious legal matters. That background in high-stakes disputes helps us stay calm and focused when emotions run high in a family. We work to craft a strategy that reflects your goals, whether that means pressing forward in court, exploring settlement, or carefully responding to claims raised by others.

At Rogan Law, we handle a wide range of litigation beyond just contesting the validity of a will:

• Breach of Fiduciary Duty: If an executor or administrator is mismanaging estate funds, self-dealing, or failing to provide an accounting to beneficiaries, we move to have them removed and held personally liable for the losses.
• Spousal Election: If a spouse has been disinherited or left a meager share, we help them exercise their right to a "statutory share" of the estate under Pennsylvania law.
• Ambiguous Language: If the terms of a will or trust are unclear, we petition the court for a "Construction" of the document to ensure the decedent’s actual intent is carried out.
• Creditor Claims: We represent both estates and creditors in disputes over the validity of debts filed against a decedent’s assets.

Throughout the process, we keep our representation client-centered. That means we stay in contact, answer your questions, and adjust as circumstances change. Our free initial consultation gives you a chance to tell your story and learn how we would approach your situation before you decide how to proceed. With 24/7 availability, you can reach our team when urgent issues or deadlines arise, rather than waiting and worrying alone.

What To Do If You Suspect A Problem

If you are worried that something is wrong with a will or how an estate is being handled, it can be tempting to confront relatives immediately or to sign documents just to avoid conflict. Before taking steps that might be hard to undo, it is helpful to pause and get organized. A few careful actions now can protect your position later.

Consider taking these practical steps right away:

• Collect copies of any wills, codicils, or estate planning documents you have access to, along with related letters or notes.
• Gather basic information about assets and debts that you know about, including property, accounts, and major obligations.
• Write down a timeline of key events, such as health changes, moves, or new relationships that occurred before the will was signed.
• Avoid signing waivers, releases, or agreements about the estate until you understand what rights you may be giving up.
• Schedule a free consultation with our firm so we can review what you have and discuss next steps before deadlines pass.

Your situation may not require immediate court action, but it almost always benefits from early, informed advice. When we meet with you, we talk through possible approaches and help you weigh legal options against family dynamics and personal priorities. Whether you ultimately decide to move forward aggressively or take a more cautious path, you should make that choice with a clear understanding of the implications.

Talk With Our Will Litigation Attorneys in Scranton Today

You do not have to navigate a contested will or estate dispute on your own. If you are facing conflict over a loved one’s wishes or if you are worried about protecting your inheritance rights, speaking with a will litigation lawyer in Scranton can help you regain a sense of control.

At Rogan Law, we bring over 30 years of litigation experience, a Scranton-based presence, and a client-centered approach to every case. Your initial consultation is free, and our team is available around the clock to answer your questions and discuss possible next steps. There is no cost to learn more about your options and how the law may apply to your situation.

Call (570) 906-8532 or reach out online to speak with our Scranton attorneys today.

Frequently Asked Questions

Do I have grounds to challenge this will?

You may have grounds if issues such as lack of capacity, undue influence, fraud, or improper signing are present. During a free consultation, we review the will, your timeline, and available information, then explain which legal theories might apply and what evidence would be needed.

How much does will litigation usually cost?

The cost depends on how complex the dispute is and how far it goes in court. Some cases resolve early, while others require extensive discovery and hearings. We discuss potential fees and cost structures with you at the start so you can make informed decisions about moving forward.

How long can a will dispute in Pennsylvania take?

Some will contests resolve in a few months, while others can take a year or longer. The timeline depends on factors such as court schedules, the number of parties involved, and how contested the issues are. We work to move your case forward efficiently and keep you updated on expectations.

What should I bring to our first meeting?

Bring any wills or estate documents you have, court papers or letters from the Register of Wills, and notes about key dates and events. If you have emails or messages that concern the will, those can help too. We can then review everything together and talk through options.

How will your team keep me informed?

We stay in regular contact through phone, email, or scheduled meetings, depending on what works best for you. Our team is available 24/7 for urgent questions, and we explain major developments in clear language. Our goal is that you never feel left in the dark about your case.

SCHEDULE A FREE CONSULTATION