Looking for a probate litigation attorney near me who can help with estate contest?
Probate battles can tear families apart. Even worse, without the right legal guidance, they can take months or even years to get resolved. In fact, according to a 2024 Trust & Will study the national average probate timeline across the United States is 20 months long.
Thankfully…
If you know the right warning signs it’s time to hire a probate litigation attorney, it will save you time, money, and a whole lot of stress.
In this article, we’ll cover:
- What Is Probate Litigation?
- Warning Signs You Need Legal Help
- Common Types of Probate Disputes
- How a Probate Litigation Attorney Helps
What Is Probate Litigation?
Probate litigation is the process of taking a legal dispute over an estate to court.
Probate disputes arise when someone doesn’t agree with the way an estate is being managed. Beneficiaries, heirs, and other interested parties have the right to file probate litigation in court to ensure the deceased’s wishes are honored. A good probate litigation attorney will be able to protect your rights throughout the probate process.
The best way to think about probate litigation is as follows:
When a loved one passes away, their estate needs to be properly distributed to their heirs and beneficiaries. But what happens when there are questions about the deceased’s will, disagreements among family members, or suspicion of executor misconduct?
Probate litigation allows interested parties to bring these issues to court and have a judge make the final decision.
Warning Signs You Need Legal Help
Probate disputes and contests often require professional legal help.
Let’s take a look at the major warning signs you should act on if you find yourself in one of these situations…
The Will Is Being Contested
Will contests are one of the most common situations people end up needing probate litigation attorney help.
Family members or other interested parties may try to challenge the will for a variety of reasons. They may think the deceased was not of sound mind at the time the will was written. Maybe there is suspicion of fraud or undue influence from a third party. Whatever the reason, will contests require solid evidence and legal expertise to be successful.
There Are Allegations of Executor Misconduct
Trustees and executors have a legal duty of care to the estate and its beneficiaries. This is known as fiduciary duty.
When someone has reason to believe an executor or trustee is not living up to this duty, problems can arise. Examples include failure to properly communicate with beneficiaries, mismanagement of estate assets, showing favoritism towards certain heirs, and theft or embezzlement. If these issues come up, legal help may be necessary.
Family Members Are Fighting Over Assets
You might be surprised to know…
Over a third of US adults say that they or someone they know has had an argument with a family member or friend about not being included in their estate plan.
Land and property disputes are the most common types of family fights. Money is the second most common reason for estate disagreements among loved ones. If emotions are high and communication has broken down, a probate litigation attorney can act as a neutral advocate to try to reach a fair settlement.
You’ve Been Unexpectedly Left Out of a Will
Getting left out of a loved one’s will can be very upsetting. In some cases, it may also be cause for a legal challenge.
If you have reason to believe that you were purposely and maliciously excluded from a will, a probate litigation attorney may be able to help you contest the deceased’s decision. Common reasons for successfully contesting a will’s exclusion of a beneficiary include proof of manipulation, a previously created will with your name still included as a beneficiary, or evidence that the deceased was not of sound mind when creating the will that left you out.
The Estate Involves Complex Assets
The more complex an estate is, the more reason for loved ones to need a probate litigation attorney.
Complex estates are those that involve businesses, multiple properties, investments, or other high-value or hard-to-value assets that require specialized legal expertise. Estates with complex assets are more likely to give rise to disputes over things like asset valuation, business succession, tax implications, and trust interpretation.
Common Types of Probate Disputes
Probate disputes come in many different forms.
Knowing about the common ones and how they usually play out can help you figure out what types of legal strategies are most likely to work in your own situation. Below, we’ll look at some of the more prevalent ones.
Will Validity Challenges are a type of probate litigation that occur when a will is contested due to the testator’s lack of mental capacity, undue influence from another party, or outright fraud in the will’s creation.
Fiduciary Duty Breaches occur when executors or trustees are accused of not living up to their legal obligations to the estate and its beneficiaries.
Beneficiary Disputes happen when heirs or beneficiaries disagree about the division or distribution of specific estate assets. Beneficiary disputes arise often in cases where the will is vague or silent on certain property or when an estate contains items that can’t easily be divided, like real estate, vehicles, and family heirlooms.
Creditor Claims against an estate are another source of probate litigation. Disputes over the validity or priority of these claims can complicate probate administration and need to be resolved before assets can be distributed.
How a Probate Litigation Attorney Helps
A probate litigation attorney can provide significant advantages for contested estate matters.
Objective legal analysis and insight is a huge help when family emotions are high. An attorney can evaluate a case and provide an honest assessment of whether it has merit and what the likely outcome is. He or she will also tell you straight up whether it’s time to compromise or time to stand your ground.
Probate courts have strict rules about deadlines and procedural requirements. Missing a single deadline or filing incorrect paperwork can make or break a case. An attorney can handle all of this procedural complexity and make sure everything is done on time.
Attorneys also work to ensure your rights are protected at every stage of the probate litigation process. Whether you need to defend against a will contest or challenge an executor’s actions, an attorney will be there to make sure your rights are preserved and advocated for.
Probate litigation attorneys also frequently achieve faster settlements. Many probate disputes can be settled without going to court through negotiation or mediation. Experienced attorneys know how to help their clients reach these favorable settlements more quickly.
When Should You Act?
Time is often of the essence in probate litigation matters.
Strict deadlines govern most probate litigation actions in the US. Waiting too long to file a will contest or other probate litigation claim can lead to losing your right to have that issue heard at all. If you suspect executor misconduct, it’s best to act as soon as possible to try to recover any lost assets.
If you find yourself in any of the above situations, it’s important to contact an attorney as soon as possible. Even if litigation doesn’t ultimately end up being necessary, early legal advice can help prevent small problems from escalating into major disputes.
Wrapping Things Up
Probate disputes are emotionally and financially draining.
Family feuds and court battles over contested estates can destroy family relationships and deplete the estate’s assets through prolonged legal battles and probate court costs. Probate litigation is stressful, expensive, and rarely has a happy ending.
Thankfully, this doesn’t have to be the case.
Probate disputes can usually be avoided if warning signs are caught early and the proper legal assistance is obtained. When you’re dealing with a contested will, fiduciary duty issues, or complex assets, a probate litigation attorney has the expertise and advocacy necessary to protect your interests.
The key takeaways are simple: watch out for warning signs, act quickly, and don’t try to handle complex probate disputes on your own. The stakes are simply too high.