When Wills & Trusts Go Wrong: Understanding Estate Litigation in Kansas

Estate Planning: Peace of Mind—or Conflict?

Estate planning is meant to bring peace of mind—clarity about how your assets will be handled, who will receive what, and how your legacy will live on.

But what happens when something goes wrong? When a will or trust contains a mistake, or a family member believes the plan isn’t fair, disputes often arise. This is where will and estate litigation comes in.

At Kennedy Berkley, we specialize not only in helping families create customized estate plans but also in navigating the courtroom when conflicts surface. Our attorneys know how emotional and complex these situations can be—especially when farmland or closely-held businesses are involved, as is so often the case in Kansas.

Common Reasons for Will & Estate Litigation

When someone passes away, their estate doesn’t always settle smoothly. Estate or trust litigation simply means family members or other interested parties are in court fighting over a will, trust, or how property is being handled. These cases are often emotional, expensive, and slow down the process of getting assets where they belong. Below are some of the most common reasons these disputes arise.

Errors or Gaps in the Estate Plan

Even a small mistake can create a ripple effect. A will may reference property that no longer exists, or leave out a piece of farmland the family assumed was included. A trust might name only the older children and fail to account for a younger child born later. These errors force families into court to figure out what the deceased person actually intended.

Last-Minute or Suspicious Changes

Disputes often arise when a person revises their estate plan near the end of their life. A father who always said he would divide his land equally among his children might sign a new will in the hospital leaving everything to just one child. Even if the change is valid, the timing raises questions. Families often find themselves in court to determine whether the new plan should be honored.

Undue Influence or Lack of Capacity

These cases question whether the person making or changing the plan really understood what they were doing—or whether someone else pressured them. A parent with memory issues who suddenly signs over a bank account or land to one child leaves the rest of the family wondering if that decision was truly theirs. Litigation gives the court a chance to sort out whether the plan reflects the parent’s wishes or someone else’s influence.

Unequal or “Unfair” Distributions

Sometimes a will or trust divides assets in ways that make sense legally but feel unfair to family members. One child might inherit the family farm while the others split the remaining property. Even if the document is valid, the siblings may argue about whether the arrangement is just, and those arguments often spill into the courtroom.

Executor or Trustee Mismanagement

Even a solid plan can go sideways if the person in charge mishandles the estate. Executors and trustees have duties to act fairly and transparently. If they fail to give an accounting, sell property for less than fair value, or drag their feet on making distributions, beneficiaries can sue. These cases aren’t really about what the will or trust says, but about whether the fiduciary is doing their job.

Assets That Don’t Match the Plan

Estate plans don’t always keep pace with life. A will might leave a house to a child, but the parent sold that house years earlier. Or a retirement account still lists an ex-spouse as the beneficiary, even though the will says everything should go to the children. When the paperwork and the property don’t match, the court has to step in and sort things out.

Family Businesses and Farmland

Here in Kansas, farmland and closely held businesses are among the biggest sources of estate disputes. Land and businesses can’t always be neatly divided into equal shares. One heir may want to continue farming, another may want to sell, and another may want rental income. Without an agreement, litigation often becomes the only way to resolve the deadlock. We often hear, “Oh, my kids will be able to figure it out and decide amongst themselves.” … trust us, they won’t. 

Non-Probate Transfers

Not all assets pass through a will or trust. Life insurance policies, transfer-on-death deeds, and payable-on-death bank accounts pass directly to the named beneficiary. Families are often surprised to learn that these designations override the will. If those designations were changed late in life or conflict with the estate plan, they can spark lawsuits just as quickly as disputes over the will itself.

Why Litigation Matters

When disagreements about a will or trust arise, families are forced to turn to the courts to resolve the issues. This is estate litigation—and it combines the technical side of estate planning with the skills of negotiation and courtroom advocacy.

Litigation can mean:

• Arguing over the validity of a will or trust

• Negotiating settlements between heirs and beneficiaries

• Bringing clarity to mistakes or omissions in documents

• Ensuring the true wishes of the deceased are honored

• Holding executors and trustees accountable for mismanagement

“In Kansas, we see how estate disputes can fracture families—especially when farmland or closely held businesses are involved. Our job is two-fold: first, to help clients avoid these conflicts through careful planning; and second, to protect their legacy in court if disputes arise. At Kennedy Berkley, we bring both perspectives to every case.” — James Angell, Managing Partner

For many people, this process is unfamiliar and overwhelming. That’s why having an attorney who understands both estate planning and litigation is critical.

The Best Time to Fix a Plan Is While You’re Alive

Estate plans are living documents. Life changes—marriage, divorce, birth of children, new property, buying or selling a business—should trigger updates.

Once someone has passed, mistakes can’t be fixed. That’s when families end up in court, fighting over unclear documents.

At Kennedy Berkley, we emphasize proactive planning. We sit down with clients regularly to:

• Review existing plans

• Identify weaknesses

• Make necessary updates before problems arise

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This approach minimizes conflict, protects family relationships, and ensures your legacy is carried out the way you intend.

“Estate litigation is emotional. Families are grieving, and suddenly they’re also facing conflict. I strive to guide clients with clarity and compassion—whether that means updating a plan today or advocating in court tomorrow. Our focus is always on honoring the true intent of our clients while protecting their loved ones.” — Paige Harding, Attorney

How Kennedy Berkley Can Help

At Kennedy Berkley, our attorneys have guided countless Kansas families through both the planning and the litigation side of estates. Whether you’re creating a will or trust today, or facing disputes tomorrow, we’re here to provide clarity, advocacy, and peace of mind.

We specialize in:

• Creating and updating wills & trusts tailored to Kansas families

• Correcting estate planning mistakes before they cause conflict

• Representing heirs in will contests and trust disputes

• Negotiating fair settlements and defending fiduciary conduct

Was Your Will or Trust “Messed Up”?

If you’re worried that your will or trust might contain mistakes—or if you’re already dealing with conflict after the loss of a loved one—you’re not alone. Many people don’t realize how common these issues are until they’re in the middle of them.

The good news: you don’t have to navigate it on your own.

Contact Kennedy Berkley today to schedule a consultation. Our experienced attorneys are ready to help protect your family’s legacy and guide you through every step of the process.