Trust and estate litigation addresses disputes over how a person’s assets are managed or distributed after death or during incapacity. In Washington, these cases can involve wills, trusts, nonprobate assets, and the actions of personal representatives and trustees.

Matters are typically handled in Superior Court and proceed under Washington’s Trust and Estate Dispute Resolution Act (TEDRA)—a flexible framework designed to resolve these cases efficiently through court rulings, mediation, or agreed orders. At Campbell Law Firm, our role is to protect your rights as a beneficiary, fiduciary, heir, or interested party, and to secure a fair and lawful outcome under Washington law.

Led by a trust and estate litigation attorney with a Master of Laws (LL.M.) in Taxation and a background in accounting, our firm provides a distinct level of financial oversight when estate administration breaks down. Trust and estate litigation is rarely just a debate over legal text; it is almost always an argument over numbers, asset valuations, and financial histories. We bring meticulous financial analysis to high-stakes family conflicts, allowing us to build trial-ready cases and spot creative, tax-efficient settlement opportunities that general litigators routinely overlook.

Common Disputes We Handle

At Campbell Law Firm, our trust and estate litigation attorney represents fiduciaries, beneficiaries, and interested heirs in a wide spectrum of trust, probate, and fiduciary disputes, including:

• Will Contests: Challenging or defending the validity of a will based on lack of testamentary capacity, undue influence, improper execution, or fraud.
• Trust Contests & Interpretation: Resolving ambiguities, vague phrasing, or contradictory clauses in a trust document, or seeking trust modification, reformation, or termination petitions.
• Breach of Fiduciary Duty: Holding personal representatives or trustees accountable for a failure to act prudently, or defending fiduciaries facing unfounded allegations or personal liability claims from hostile heirs.
• Accounting Disputes & Information Demands: Compelling fiduciaries to provide a timely asset inventory, or auditing financial records to investigate commingled funds or financial mismanagement.
• Removal & Surcharge Petitions: Seeking the formal court removal of an uncooperative or negligent trustee or personal representative, and pursuing financial recovery of mishandled estate or trust assets.
• Creditor Claim Disputes: Reviewing, negotiating, or legally rejecting unsupported third-party financial claims under Washington law to safeguard the estate's assets for beneficiaries.
• Property Characterization Issues: Resolving complex disputes regarding community property, separate property, elective shares, and domestic partner protections.
• Nonprobate Transfer Conflicts: Litigating ownership, validity of changes, or the misuse of accounts passing outside of probate (e.g., pay-on-death, transfer-on-death, beneficiary designations, or joint accounts).

Understanding Washington’s TEDRA Framework

Washington’s Trust and Estate Dispute Resolution Act (TEDRA) provides powerful special procedures to resolve nearly all trust and estate controversies in the Superior Court.

Unlike standard civil litigation, TEDRA emphasizes early case management, mandatory mediation, and agreed resolutions where possible, while strictly preserving the court’s power to decide contested matters if negotiations stall. Because filing requirements, standing rules, statutory deadlines, and notice requirements under TEDRA are highly technical, obtaining early legal advice is essential to safeguard your rights and remedies.

Note: This overview provides general informational context and does not constitute formal legal advice.

Signs You May Need a Trust & Estate Litigator

The line between a frustrating administration process and a legal dispute can be thin. You should seek experienced legal counsel from a trust and estate litigation attorney if:

• You suspect a will or trust was changed under pressure, coercion, or when the person lacked the mental capacity to understand what they were signing.
• A trustee or personal representative refuses to provide a timely, complete accounting or a statutory asset inventory.
• Distributions are significantly delayed, unexplained, or appear wholly inconsistent with the plain terms of the will or trust.
• Estate or trust assets appear to be missing, commingled with personal funds, or structurally mishandled.
• You are a personal representative or trustee facing accusations of mismanagement, breach of duty, or unclear fiduciary obligations.
• You have received formal legal notice of a creditor claim, a TEDRA petition, or an upcoming Superior Court hearing date.
• Family conflict is actively escalating over inherited assets, and informal negotiations have completely stalled.

Frequently Asked Questions

1. What is a will contest in Washington? A challenge to the validity of a will after a decedent passes away. To successfully overturn a will, a challenger must prove specific legal grounds, such as the decedent lacking the required mental capacity, being subjected to undue influence or coercion, or that the document was improperly executed or forged.
2. What is TEDRA? It stands for the Trust and Estate Dispute Resolution Act (RCW 11.96A). It is a unique Washington statute that gives the Superior Court broad power to resolve almost any estate or trust dispute, while providing specific tools—like binding nonjudicial settlement agreements—to help families resolve conflicts outside of a courtroom trial.
3. How long do I have to challenge a will or trust? Deadlines under TEDRA and Washington probate law can be exceptionally short. For example, a formal will contest must typically be filed within four months of the will being admitted to probate. Because these timelines are strictly enforced and depend heavily on specific notice and filing events, you should speak with counsel promptly to preserve your rights.
4. Can I force a trustee to provide a financial accounting? Yes. Trustees and personal representatives owe a strict fiduciary duty of transparency to beneficiaries. If informal requests for information are ignored, we can file a TEDRA petition to legally compel a formal accounting, asset inventory, and full disclosure of the estate's financial records.
5. What if I think a loved one was unduly influenced or financially exploited? You can bring a legal claim to set aside a suspicious will, trust, or lifetime property transfer. Winning an undue influence claim requires demonstrating that a third party used manipulation or psychological dominance to subvert the decedent's true wishes. We support these cases through meticulous financial tracking, witness interviews, and medical record reviews.
6. I’m a personal representative accused of a breach of duty—what should I do? Seek experienced legal counsel immediately. As a personal representative, you can be held personally liable for financial missteps or unfiled taxes. We can help you clarify your duties, organize proper accountings, address notices, and utilize TEDRA mediation to resolve the dispute efficiently while protecting your personal assets.
7. How are community property and elective share issues handled in a dispute? Because Washington is a community property state, how an asset is characterized dramatically impacts who has a legal right to inherit it. Spouses have specific statutory protections (such as the elective share) that can disrupt an estate plan if an asset was improperly categorized or transferred. We perform case-specific asset tracing to resolve these ownership disputes.
8. Are nonprobate assets safe from estate litigation? Not necessarily. While nonprobate assets (like life insurance policies, 400k accounts, or joint bank accounts) bypass the court probate process via beneficiary designations, disputes frequently arise over whether a beneficiary change was made under undue influence, during a period of incapacity, or by an unauthorized power of attorney.
9. Will we have to go to court? Not always. In fact, the vast majority of TEDRA cases are successfully resolved through direct negotiation or formal mediation. The TEDRA framework is specifically designed to encourage out-of-court settlements. However, if the opposing party remains unreasonable, we will firmly litigate the contested issues before a Superior Court judge.
10. What will it cost? We offer clear, transparent engagement terms. During your initial consultation, our trust and estate litigation attorney discusses available fee structures and tailors our litigation strategy to the overall size, financial stakes, and complexity of the dispute.

Local Focus & Service Areas

Campbell Law Firm focuses its trust and estate litigation practice exclusively on the communities of Skagit, Island, and San Juan Counties. From our main office in Anacortes on Fidalgo Island, we provide localized, dedicated representation to clients navigating high-stakes regional disputes. Our practice proudly serves individuals and families across our three-county service region, including Oak Harbor and Coupeville on Whidbey Island, Camano Island, Friday Harbor on San Juan Island, Orcas Island, Mount Vernon, Burlington, Sedro-Woolley, and the entire Skagit Valley.

Whether you prefer an in-person appointment at our Anacortes office or the convenience of a secure virtual meeting from your home within Skagit, Island, or San Juan County, our trust and estate litigation attorney provides seamless access to trusted regional counsel.

Contact Campbell Law Firm today to schedule your confidential consultation and protect your rights under a Washington estate or trust.