People often use the term “estate” as if it only applies after someone passes away. However, there are two very different sides to handling an estate: planning and litigation. One happens in anticipation of the future, and the other steps in when something goes wrong.
If you’re not sure which one applies to your situation—or you’re facing both at once—here’s what you need to know.
Estate Planning: Creating the Blueprint
Estate planning is about preparation. It involves making decisions while you’re still alive about what should happen to your property, finances, and personal care in the future. It’s not just for the wealthy or older adults. Anyone with assets—or loved ones who depend on them—can benefit from a plan.
The goal is to put legal structures in place that make transitions smoother and minimize confusion or conflict later. Common estate planning tools include:
- Wills: Legal documents that outline the distribution of your property after you die.
- Trusts: Used to manage and distribute assets during life or after death, often avoiding probate.
- Powers of Attorney: Authorize someone to make financial or healthcare decisions on your behalf if you’re incapacitated.
- Advance Healthcare Directives: Specify your medical preferences if you can’t communicate them yourself.
When estate planning is done well, it can prevent problems down the road—especially among family members.
Estate Litigation: When Disputes Arise
Estate litigation, on the other hand, happens when there’s a dispute involving someone’s estate, either during their lifetime (in the case of elder financial abuse or contested powers of attorney) or after they’ve passed. These conflicts usually involve disagreements over:
- The validity of a will or trust
- Accusations of undue influence or fraud
- Concerns about a trustee’s or executor’s behavior
- Disputes between heirs or beneficiaries
- Missing or mismanaged assets
- Exclusion of someone who expected to inherit
Estate litigation can be emotionally charged. Families may find themselves in court, airing grievances that have simmered for years. Sometimes, the dispute is about the money. Other times, it’s really about fairness—or feeling left out.
Why the Difference Matters
Planning is proactive. Litigation is reactive. But they’re connected.
A strong estate plan can prevent litigation. At the same time, when someone takes advantage of a vulnerable elder, changes a trust at the last minute, or violates their duties as a trustee, litigation may be the only way to make things right.
Here’s a simple way to think about it:
- Estate planning asks, “What do I want to happen?”
- Estate litigation asks, “What happened—and is it fair or legal?”
Understanding this difference can help you decide what kind of help you need—and when to ask for it.
Can Someone Need Both?
Yes. In some situations, families come to an attorney needing both planning and litigation support.
For example, imagine a daughter finding out her mother’s caregiver became the sole beneficiary of her trust just before she died. That’s a litigation issue. However, the daughter also wants to ensure her estate plan is solid and protects her children. That’s where planning comes in.
It’s not uncommon for people to seek guidance during a dispute and then realize they want to take steps to avoid similar problems in their estate.
How Timing Affects the Process
With estate planning, you’re in control. You set the terms. You decide who’s in charge, who gets what, and how things unfold.
With estate litigation, timing can be critical. There are legal deadlines for contesting a will, objecting to a trustee’s actions, or filing a claim. Waiting too long can limit your options—or even prevent you from pursuing a case at all.
If you’re unsure whether something is worth acting on, it’s better to get answers sooner rather than later.
The Experienced Choice in Estate Planning and Litigation
Estate planning and estate litigation may sound similar, but they serve very different purposes. One is about making your wishes known and easing the burden on your loved ones. The other is about standing up when something’s gone wrong.
Both are rooted in protecting people—whether that’s protecting your legacy or defending your rights when someone else’s plan doesn’t seem fair.
At Loew Law Group, we help clients throughout California with both estate planning and estate litigation. If you have questions, we’re here to provide guidance and help you take the next right step. Contact us today to learn how we can help.