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Frequently Asked Questions about Probate Litigation
Q: What is probate?
A: Probate is the process by which a court determines whether or not a will is valid.
Q: How can an attorney assist me in the probate process?
A: Probate laws vary state by state, and the process itself can vary county by county. A knowledgeable and experienced probate attorney understands the nuances in the law and knows how to staunchly advocate for his or her clients. The ways in which a probated will can result in litigation are numerous. An attorney can explain the proper methods of estate administration and can assist in a will contest or other form of probate litigation.
A will contest can result in a significant delay in the distribution of a loved one’s assets. Also, because the costs of will contest are paid out from the estate, the available funds can be significantly depleted. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.
The ownership of some assets can make them exempt from probate, and other estate planning techniques can also keep property out of probate court. If you have questions about your estate plan or about avoiding probate, contact an estate planning attorney for straightforward solutions that will work for you.
As administrator of an estate, you must open the estate, collect and inventory assets, collect debts owed to the estate, pay out debts owed to creditors, distribute assets to the beneficiaries and close the estate. Any mistake in performing these steps may lead to legal problems. Contact an attorney experienced in probate and estate administration to help you navigate through the probate process.
The loss of a loved one is difficult. Emotions can be compounded if you believe that your loved one's will is invalid or is being improperly administered. Instead of worrying, contact an experienced estate planning and probate litigation attorney to discuss your concerns.
Probate Litigation - An Overview
Estate administration and probate litigation can be time consuming and confusing. An attorney who is competent and experienced in probate and estate administration can facilitate this often-difficult process in a timely and effective manner. If you need help in the administration of an estate, contact our firm today.
When Do I Need A Probate Lawyer?
The probate process is lengthy, requiring strict attention to detail and experience handling multiple legal tasks at once. A knowledgeable probate attorney understands the implications of the interplay between administration, distribution and closure of an estate.
Will Contests: Who May Bring a Claim?
Will contests are one of many forms of probate litigation. The nuances involved can be complex. An experienced probate litigation attorney will be able to walk you through the process and be your advocate.
Probate Litigation: What to Expect and How It Will Happen
The probate litigation process is similar to other civil litigation. A knowledgeable and experienced probate litigation attorney can assist you at every stage of this process. Contact our firm to schedule a consultation with an attorney to discuss whether and how to move forward with your probate litigation claim.
How to Avoid Probate Litigation
While you cannot keep relatives from fighting after your death, there are several tools you can use during your lifetime to help your estate avoid probate.
Probate Litigation Resource Links
Getting Ready for Estate Planning
Probate Statutes by State
Who Gets Grandma’s Yellow Pie Plate?
SmartMoney®: Estate Planning
AARP® Estate Planning Guide