If you lose a loved one, you’re likely going to need to go through the probate process. In some cases, people disagree over something concerning the estate and try to fight it out through the courts. There are a few common types of probate litigation and it’s important to know what to expect from these kinds of proceedings. A Rockland County estate planning attorney can help you spot potential signs of trouble and deal with issues as they arise.
What is the Difference Between Probate and Probate Litigation?
In probate, the will of the deceased is evaluated and their property is distributed according to their wishes. This is pretty much a necessity anytime someone passes away.
Probate litigation is not a guarantee. This only happens when someone sues because they think that there’s an issue with the way the deceased’s estate is being handled. These kinds of lawsuits can be stressful, complicated, and emotionally charged. This is not something most want to deal with after the death of a loved one.
What Are Some Common Types of Probate Litigation?
There are a few types of probate litigation that are common after someone passes away. Issues can include:
Arguments over the validity of the will: Someone who is disinherited might challenge the will, saying that it is not valid. A common argument is that the deceased was not in the right state of mind or manipulated when they made the will.
Issues relating to trusts: If the deceased set up a trust as a part of their estate plan, that can create conflicts. Sometimes someone takes issue with the purpose of the trust or who has been charged with the job of trustee.
Executor malpractice: An executor has an important job of seeing that the last wishes of the deceased are met. If they are negligent or lazy about performing their duties, they can be removed. There could also be litigation concerning the executor’s fees and how they claimed them.
Should I Hire a Lawyer?
It’s tough to work out probate litigation on your own, especially if close family members are involved. An experienced lawyer can help you navigate this process and try to work out a fair agreement that will minimize conflict.
It’s also a good idea to have an estate planning lawyer help you when you make your will and other end-of-life plans. If you do everything the right way, in accordance with local laws, you can minimize the chance of probate litigation.
Contact Our Law Firm
If you want to prevent your family from arguing over what happens to your assets, you should have an estate plan of your own in place. A competently executed estate plan can reduce the chance of a conflict developing and help your family avoid excessive stress once you have passed away. So contact the Lauterbach Law Firm and get your plan established today.
