Probate Litigation Law: See When Filing Probate Litigation Might Be Necessary
Probate litigation cases are usually difficult to handle because they involve individuals who feel their rights have been violated or denied. If you are one of them, it's always necessary to take legal action. Of course, most people try to avoid probate litigation as much as possible. However, it's sometimes inevitable, mainly when disputes get heightened. Don't take probate litigation lightly because it involves sensitive issues and evokes emotions. Instead, work closely with a legal representative who understands probate litigation law. Read below to learn when it is appropriate to work with a probate litigation attorney.
When Contesting a Testament or Last Will
A will outlines the deceased's wishes, but you can sometimes question its validity and contest it in court. For instance, if you feel like the deceased was coerced to write the will or wasn't in good mental health when writing it, filing probate litigation can be a good idea. You could also contest the last will if you think legal procedures weren't followed when writing or signing it. But since probate litigation can be exhausting without professional help, hire a probate litigation lawyer to help you.
When a Second Marriage Case Arises
Someone may have written a will for their family, but issues may arise when a second marriage case is involved. The deceased may have outlined what should happen to the previous family, but they could be unclear about the second marriage. If there are no clear agreements on how the assets should be distributed, probate litigation might be inevitable. In this case, the court decides what each family gets. However, the court considers several things. First, it establishes whether the second wife and their children are trustees. If they are, it appoints an independent trustee to manage the trust. It also finds out whether the children of the previous wife are legal beneficiaries of the trust.
When There Are Estate Management Issues
Managing the deceased's estate doesn't necessarily require probate litigation. However, certain circumstances may force you to consider it. For instance, probate litigation may be necessary if the deceased has assets that require careful supervision. Here, a probate litigation attorney helps you find competent evaluators who will properly appraise and manage them. The evaluators could also liquidate the assets when necessary. You could also consider probate litigation if some family members are planning to challenge the will. In some cases, unpaid medical bills, tax arrears, and funeral costs could hinder effective estate management. In this case, it's good to file probate litigation to prevent the creditors from taking the estate to recover what the deceased owes them.
To learn more, contact a probate litigation law firm such as Anthony L. Barney, Ltd. Attorneys & Counselors At Law.