Unfortunately, probate is sometimes complicated by probate litigation, the judicial process for addressing perceived wrongs related to the payment of a deceased person’s debt and distribution of their assets. In such cases, it’s advantageous to have a knowledgeable and experienced probate litigation attorney on your side.
There are various issues that a probate litigation attorney can help you navigate.
In instances where a will is vague or incomplete, court assistance is necessary. The same is true when beneficiaries have passed away or can’t be located. A probate litigation attorney can support you as the court works to determine the best way to distribute your loved one’s estate and assets.
If there are errors or omissions in a will, you have the right to contest it within a certain period after receiving what’s called a notice of administration. You may also choose to contest a will that you suspect was signed or changed under questionable circumstances. For example, if you believe your loved one was unduly influenced or pressured, you can challenge the will in court.
If you have reason to believe that the fiduciary appointed to administer your loved one’s estate has failed to do so properly, a probate litigation attorney can help you seek remedies. For example, if the fees charged by the fiduciary are clearly excessive or funds have been mismanaged, they may be removed from their role by the court.
If you’re a beneficiary of your loved one’s estate, you have the right to request an accounting from the fiduciary assigned to handle their estate. If necessary, and with the help of a probate litigation attorney, you can request the court’s assistance with getting the fiduciary to comply. Additionally, if there are any discrepancies with the accounting you receive, your lawyer can help you to contest it.
Besides the four matters discussed above, probate litigation lawyers can also assist with spousal elective share, determination of heirs, appointing administrators, executor fees disputes, and removal of trustees. If you need help with any of these, we are here for you.
We understand that dealing with the loss of a loved one is challenging in itself and even more so when litigation is necessary. We would be glad to support you throughout the process and work to get the best outcome possible. Contact us today to discuss your situation and the best way to handle your case.