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Probate estate litigation is the process of settling disputes or disagreements during a probate proceeding. Probate occurs to identify, manage, and distribute a deceased person’s assets to their heirs, beneficiaries, and potential creditors.
Disputes during the probate process can often lead to litigation. Common disputes include challenges to a will’s validity, disputes over the distribution of assets to beneficiaries, concerns of undue influence during the will’s creation, and more. A probate estate litigation attorney can help clients navigate disputes and important legal processes.
Probate estate litigation can be a complex process with different circumstances and varying potential outcomes, making it difficult to navigate alone and providing several possibilities for a dispute to arise. A probate estate litigation attorney offers legal guidance and protects your rights. Here are the most common probate estate issues that may lead to probate estate litigation and the need for an attorney.
A will must be executed by a testator with testamentary capacity—meaning someone with appropriate cognitive awareness of the consequences of their decisions. Otherwise, they risk jeopardizing the intentions of the deceased. RMO Lawyers can support clients in establishing claims of diminished testamentary capacity by gathering medical records, witness statements, and expert opinions.
Undue includes actions like coercion, manipulation, or pressure exerted on a trustee. Proving undue influence requires gathering evidence like witness statements, documentary evidence, and expert testimony. Our probate litigation attorneys can help clients identify signs of undue influence, establish a case against it, and rectify potential wrongdoing.
Fraudulent activity can override the intentions and wishes of the deceased person. It’s crucial to gather evidence that fraudulent activity exists, like documents, communication records, and witness statements that demonstrate fraudulent behavior. Our lawyers can guide you in the process of contesting fraud to protect you in receiving your rightful inheritance and outlined assets.
In extreme cases, people may use forgery to alter a will and exploit a person’s assets, requiring detailed forensic document examination and other investigative methods. RMO Lawyers can support clients in establishing the illegitimacy of a will through the discovery and presentation of compelling evidence.
Errors can misrepresent the intentions of a will. These can include ambiguous language, procedural mistakes, and inaccurately named beneficiaries. A probate estate litigation attorney can help clients correct these errors, draft codicils to modify a will, contest a will, or ensure a fair distribution of the estate, depending on the circumstances, all with the goal of preserving the wishes of the deceased.
Our probate attorneys focus on all types of trust and estate disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
Due to the complexity of the probate process, disputes and disagreements can be common. From navigating will contests to intestate succession disputes, there are many cases where representation may be helpful. At RMO Lawyers, we support clients in all the following dispute areas and more.
There are a variety of circumstances where you should contact a probate estate litigation attorney. An attorney can simplify the process and ensure you have a full understanding of the appropriate legal steps. Other benefits of legal representation include the protection of your rights and interests, an efficient resolution of disputes, and a minimization of family conflicts.
You should contact a probate and estate litigation attorney in the following circumstances:
Ultimately, if you have concerns regarding the probate process, it’s a good idea to seek the support of a probation attorney and schedule a consultation. Taking immediate action will help you get the most out of the process, ensure that you act within the statute of limitations surrounding your concern, and minimize stress with support from a skilled probate estate litigation attorney.
Probate estate litigation involves several interested parties, from beneficiaries and heirs to the administrators of the process. RMO probate estate litigation attorneys support clients on multiple sides of the probate process in resolving disputes during probate and ensuring a fair distribution of assets under the appropriate legal processes.
Executors have a responsibility to ensure their actions remain aligned with legal requirements and uphold their fiduciary duty during asset distribution. Duties include proper communication with all parties, fair distribution, debt settlement, and adherence to the will. Executors may also have to navigate will contests and heir disputes. Our attorneys can provide executors with legal guidance to ensure a fair process and offer protection against challenges to their actions.
Administrators are responsible for distributing assets according to the guidelines of a will and the direction of an executor. Our probate and estate litigation lawyers support administrators in navigating this process while remaining in alignment with their legal responsibilities. Administrators may also face challenges for removal or suspension. We can help build an appropriate defense against improper claims.
Heirs and beneficiaries have a direct interest in the distribution of the decedent’s assets. Our probate estate litigation attorneys support heirs and beneficiaries in several areas to advise them of their rights and ensure they receive the best possible outcome for their case. We can assist in contesting a will, resolving disputes among heirs, and ensuring a fair distribution of assets.
Creditors are any party to whom a decedent owed money at the time of their death. Under most state laws, many creditors must act within a specified amount of time to assert their claims to a debt. Creditors must submit a claim and navigate a careful process for debt collection. We can provide guidance and representation in probate court to ensure fair treatment among creditors and promote the proper distribution of assets under the estate.
If you are a conservator or guardian and your conservatee or ward passed, you may need legal representation to resolve potential disputes between you and the executor, administrator, or beneficiaries. In some cases, you may need to litigate on behalf of the conservatee if their assets were compromised by another party.
Our probate litigation lawyers will help you navigate potential complexities depending on the type of conservatorship. This can include assisting you in resolving disputes and distributing assets surrounding the incapacitated person’s estate.
Spouses have a unique status under many state probate laws, giving them special inheritance rights and benefits. They also must follow detailed legal procedures to protect these benefits. However, spouses may be subject to challenges like probate disputes with other heirs or beneficiaries where representation would be helpful.
RMO Lawyers support spouses in navigating probate estate litigation by providing representation in court for disputes over marital property, elective share, and inheritance rights.
Answers to common questions about probate estate litigation, helping you better understand your rights and the legal processes involved in protecting your interests.
A litigator is a special type of lawyer who handles disputes that will likely end up in a courtroom, while an attorney is generally focused on more administrative and transactional work that is not highly contested. When it comes to probate, both litigators and general practitioners can focus on this area of law.
If you need simple representation in probate court after the death of a loved one, a probate attorney will help you oversee the process and assist in administrative tasks. However, if you are at odds with other parties involved in the probate, it’s best to hire a probate litigator who can help you navigate disputes.
A testate estate is one where the decedent (deceased) left a will, while an intestate estate is one where the decedent did not leave a will. Every state has specific intestacy laws, but generally speaking, when someone dies intestate, their estate will likely be distributed according to state laws surrounding instate succession. If someone dies testate, their wishes are more likely to be carried out.
With testate cases, parties often choose their executor or personal representative, while an intestate estate will have one appointed. This may not be a problem for some, while for others who have estranged family members, this can be challenging.
The ability to contest a will depends on a variety of factors, like jurisdictional laws and the relationship of the person contesting the will to the deceased. In general, those who might have grounds to contest a will include:
Contesting a will requires very specific evidence of wrongdoing, and simply being unhappy with a will’s terms is not usually sufficient grounds to contest it.
The statute of limitations for contesting a will depends on the jurisdiction and varies from state to state. It can range from a few months to several years after the date of death or the date the will is admitted to probate. If you are considering contesting a will, it is advisable to contact an attorney right away to have the best possible outcome.
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