what is PROBATE LITIGATION?
Probate Court proceedings can sometimes be routine and sometimes go uncontested, common examples include:
Admitting Wills to Probate, then
Appointing Executors, and eventually
Distributing Assets to Heirs and Beneficiaries.
Unfortunately, and all too often, Legal Contests Arise relating to one's death. Court battles among those still living results in needless time and expenses- this is Probate Litigation.
Common Examples of Probate litigation:
Will Contests -- Multiple Wills, one Revoked? Fraud? Undue Influence?
Construction Challenges -- Ambiguous? What does it Really Mean?
Petitions for Reformation or Modification -- Should it be Changed? Can it be?
Lawsuits to Terminate Trust -- Is the Trust Nonproductive? Can it be Terminated?
Lawsuits for Breach of Trust -- Did the Trustee Breach? What are the Damages?
Petitions to Remove Executor/Administrator -- Should they be Removed? Can they?
high-risk factors for probate litigation:
There are several high-risk factors for Court Battles in Probate, and some examples include:
Sibling Rivalries -- The Competition Doesn't Die with Mom and Dad
Second and Third Marriages -- Families Competing for "Their Share"
Dysfunctional Families Dynamics -- Can't Anything be Easy?
Prior Marriages without Prenuptial Agreements -- Community Property? Separate?
Children Born Outside of the Marriage -- A Love Child with "Heirship Rights"
Disinherited heirs -- Nothing to Lose, But Much to Gain!
FINDING A probate or estate lawyer:
There are generally two types of Probate lawyers: (1) Transactional Attorneys who handle basic and routine Estate administration, and (2) Probate Litigators who represent clients in Probate related lawsuits. When an Estate involves any of the High-risk Factors listed above-- search out a Litigator.