Real Estate

Estate Litigation In Maryland: Protecting Your Inheritance From Howard County To Montgomery County

By GORMLEY LAW OFFICE 04 Nov, 2026 8
Estate Litigation in Maryland: Protecting Your Inheritance from Howard County to Montgomery County

It's a phone call we all dread. A loved one has passed away. Then we ask, what is next?  What do we do? Is there a will?  Who is in control? 

 Estate planning attorney Montgomery County MD When a will looks wrong, a trustee stops answering calls, or an estate seems to be shrinking with no explanation, grief can quickly turn into conflict. Estate litigation is the legal process for resolving these disputes. Many don't know this but, In Maryland, strict deadlines apply, and the court that hears your case depends on where your loved one lived in the state of Maryland. 

Real Estate attorney Kensington MD At Gormley Law Office, we help families across Maryland, from Annapolis to Potomac, to Chevy Chase to Silver Spring, and Howard County to Ocean City, protect their inheritances and hold fiduciaries accountable. We also look for the most efficient way to reach a resolution.

Common Types of Estate Disputes in Maryland

What is Estate Litigation? Estate litigation covers more than "contesting a will." Our clients most often come to us with these issues:

  • Will contests (caveat proceedings). In Maryland, a challenge to a will is called a "petition to caveat." Common grounds include lack of testamentary capacity, undue influence, fraud, duress, and improper execution.
  • Undue influence. A caregiver, new spouse, or family member may have isolated an aging parent and pressured them to change the will, a deed, or a beneficiary designation.
  • Breach of fiduciary duty. Personal representatives and trustees must act loyally and prudently. Self-dealing, commingling funds, unexplained delays, and refusing to account to beneficiaries can all lead to removal and personal liability.
  • Trust disputes. Beneficiaries may challenge how a trust is interpreted or administered. They can also seek a court-ordered accounting.
  • Contested claims and accountings. Creditors, heirs, and personal representatives sometimes disagree over debts, asset values, or fees.

Maryland Deadlines You Cannot Afford to Miss

It comes down to this. Timing is often what decides an estate case. Under , a petition to caveat a will generally must be filed within six months after the first personal representative is appointed under the will. Maryland's appellate courts have enforced this deadline strictly. In one reported case, the court rejected a caveat filed years late, even though the challenger had serious concerns about the will.

PRO TIP: --> DON'T WAIT!  Creditors and others with claims against an estate face their own short deadlines, often just a few months. If you suspect something is wrong, don't wait until the estate is closed. Talk to an attorney as soon as possible.

Where Estate Cases Are Heard: Annapolis, Potomac, Silver Spring, and Howard County

Most estate disputes in Maryland start in the Orphans' Court of the county where the decedent lived. Each county handles these cases a little differently, and local knowledge matters.

  • Annapolis and Anne Arundel County. Estates are opened with the Register of Wills in Annapolis. Disputes go before the Anne Arundel County Orphans' Court.
  • Potomac and Silver Spring (Montgomery County). In Montgomery County, Circuit Court judges sit as the Orphans' Court. Montgomery County estates often include significant real estate, closely held businesses, and blended families, and those assets and relationships can make disputes complex.
  • Howard County. Circuit Court judges also sit as the Orphans' Court in Howard County. Families in Columbia, Ellicott City, and the surrounding area often face disputes over the family home and over how trusts are managed.

In any county, a party can ask that contested factual issues be sent to the Circuit Court for trial. That choice can shape the strategy of the entire case. A good estate administration attorney can walk you through all the aspects of what each county does and how it works. 

How Gormley Law Office Can Help

Since 2003, The Law Office of Brian Gormley, LLC has guided Maryland families through probate, estate administration, and fiduciary litigation. Our attorneys are peacemakers at heart. Through negotiation and mediation and just good legal work, we look for solutions that save time, money, and family relationships. When a settlement isn't possible, we advocate aggressively in court.

We can help you:

  • Evaluate whether you have grounds to challenge a will or trust
  • Defend a personal representative or trustee against unfounded claims
  • Demand an accounting and recover misused estate assets
  • Seek removal of a fiduciary who isn't doing the job

Don't let a deadline decide your case. If you're facing an estate dispute in Annapolis, Chevy Chase, Potomac, Bethesda, Silver Spring, Howard County, or anywhere in Maryland, contact Gormley Law Office at 2408914500 to schedule a free consultation. Our Bethesda office is at 7910 Woodmont Avenue, Suite 600.