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Probate Litigation Lawyers

 

If you have a large estate that involves many different types of assets including multiple bank accounts, gifts, and movable or immovable properties, you are more likely to be engaged in probate litigation. It is important to know what probate litigation means before we get into the details. As stated in probate law, a probate court will identify the assets of the deceased, decide on the payment of taxes and other expenses, and distribute the property among the legal beneficiaries as declared in the will.

A will is defined as a document written and signed by the deceased with the attestation of witnesses. This document specifies how the estate should be distributed among the heirs.

Probate litigation is nothing but “contesting a will.” A will can be contested on various grounds, some of which are listed below.

  • Some beneficiaries are not given an inventory of the property
  • Claims of undue influence
  • One of the beneficiaries getting more than others
  • Differences of opinion over guardianships and conservatorships
  • One of the beneficiaries failing to do their fiduciary duties
  • Details regarding creditors was not disclosed
  • Dispute on who will take over as personal representative. A personal representative is a bank or trust appointed by the probate court to administer the estate.

Here are some of the reasons why wills and probate are considered important:

  • Avoid dispute among family members
  • Arrive at an amicable solution
  • Make sure that all the heirs benefit
  • Safeguard the value of the estate
  • Get maximum benefit to all beneficiaries
  • Resolve tax liabilities

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