probate litigation why the right lawyer is critical

by Braxton Beatty 8 min read

Having an experienced Probate Litigation Attorney is vital. The decision maker only allows a short time for evidence and testimony. Improper procedures and evidentiary failures may result in the wrong person may gain control over the estate.

Full Answer

What is probate litigation and how can it help?

Probate litigation is one way of handling your loved one's estate. The process can sometimes be lengthy and expensive. The right lawyer can speed things up and keep costs down. Let's look at what probate is, and how it can help. What Is Probate Litigation? Probate litigation is a legal process. This process determines what happens to an estate in the event of a death.

Who makes the decisions in probate litigation?

Nov 03, 2021 · A probate lawyer is a professional attorney in the state of Florida who assists the executors and beneficiaries of a will or estate through the probate procedure. They ensure that everything is done appropriately and according to the deceased's wishes when they were alive, from identifying estate assets and beneficiaries through distribution of inheritances.

Who is responsible for opening a probate case?

If the estate has few or no assets, then you will almost certainly need a probate litigation attorney who will take your case on a contingency fee. This is simply because of the risk the attorney takes representing an estate with no assets in it at the start of litigation. How to pay for probate litigation: hourly attorney fees

What causes an estate to end up in probate court?

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Chapter 1: What is probate litigation?

Probate litigation is a lawsuit filed by an heir or beneficiary against an executor, administrator, or a third party. Let’s take a look at every person that could be involved in probate litigation.

Chapter 2: When does probate litigation apply to me?

There are many different reasons that you, as an heir or beneficiary, may start probate litigation. The common element for all of them is that you have a reason to distrust the executor or administrator. This may be due to their misconduct, failure to act, or lack of communication.

Chapter 3: 3 questions you need to ask to guide your next step

Your next step is to clearly determine your actual problem. In this chapter, I will give you a few questions to answer. Your answers will help you figure out what your next step should be.

Chapter 4: Based on your answers, create your action plan

If the terms of the will don’t accurately reflect the testator’s true intent, then you will want to consider a will contest. A will can be challenged for a number of reasons, but that doesn’t mean it can be challenged for just any reason. In California, for example, a will can be challenged for any of the following reasons:

Chapter 5: Duties of the executor or administrator

The executor or administrator, otherwise known as the personal representative, has far fewer duties than a trustee. You can see the duties of a trustee here .

Investment of cash

This is what California law says must be done with cash in the probate estate:

Chapter 6: Remedies and damages in probate litigation

At this point, you should have a good understanding if you have a good case to begin probate litigation. But before you begin your case it’s important to know what you may be able to get at the end of your case.

What is probate litigation?

Probate litigation is the procedure where court action is requested to settle a dispute. Such disputes can arise because of various issues and in many countries, they are settled in specialized courts. Such courts have been assigned the task of sorting through specific probate matters. If you feel the need for court intervention on any matter, you’ll need…

What happens if a person is incapacitated and does not have a power of attorney?

In case a person becomes mentally incapacitated and does not have a power of attorney, probate litigation can be requested to determine who becomes the legal guardian of the person and her belongings. The court also determines the ideal guardian or representative who can take medical and financial decisions for the mentally disabled person. Your attorney can help you best with such probate disputes.

What happens when a person passes away?

Many disputes arise in cases when a person passes, leaving behind two families – one present and the other from a previous marriage. Typically, the prenup or the postnup agreements clearly define how the assets of the partners should be allocated. But, if these details are not clearly specified in the agreement, probate litigation may be filed for dividing the assets of the deceased between the spouses and children from both marriages. Court action may also be requested if:

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Contesting A Last Will and Testament

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If you would like to challenge whether or not a will is valid, you can file probate litigation with the advice of your lawyer for these reasons. 1. You are doubtful about the mental capacity of the deceased at the time of writing the will. 2. You suspect that he acted under undue pressure or influence. 3. You think that the w
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Guardianship Issues

  • In case a person becomes mentally incapacitated and does not have a power of attorney, probate litigation can be requested to determine who becomes the legal guardian of the person and her belongings. The court also determines the ideal guardian or representative who can take medical and financial decisions for the mentally disabled person. Your attorney can help you best with s…
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Second Marriage Cases

  • Many disputes arise in cases when a person passes, leaving behind two families – one present and the other from a previous marriage. Typically, the prenup or the postnup agreements clearly define how the assets of the partners should be allocated. But, if these details are not clearly specified in the agreement, probate litigation may be filed for dividing the assets of the decease…
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Managing An Estate

  • Managing the estate of a deceased person often does not need probate litigation. However under special circumstances, it might become essential to request intervention from the court. 1. If she has unusual assets such as a commercial enterprise, property, and any other assets that will need careful supervision moving forward. In that case, your lawyer can help you get the expert evaluat…
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Managing A Trust

  • As the beneficiary of a trust fund, the court allows you to seek probate litigation in certain circumstances. If you find yourself in any of these situations, hire an expert litigation attorney. 1. You think that the terms of the trust are worded incorrectly and you need the court to step in and amend them by way of a trust reformation suit or court action. 2. You feel that the trust should b…
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Other Reasons

  • Several other factors may make it necessary for you to file for probate litigation. Some of them are: 1. As a surviving partner in a heterosexual relationship where a nonmarital cohabitation agreement has not been created. 2. As a surviving partner in a gay or homosexual relationship that have not done special additional planning to secure the survivor. 3. Finding out that your par…
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