Probate Litigation

The death of a loved one can be incredibly difficult, and the last thing most people want to do is deal with the probate process.  If the decedent has created a will and/or trusts prior to death, the whole process can be made much easier, especially for whomever is named as the personal representative of the estate.

While trusts are not generally subject to the probate process (unless they are listed in a will), the remainder of a person’s estate must go through probate, and even with proper planning, difficulties can arise.  This is especially true in cases where insufficient planning occurs, or where no end-of-life plans are in place.

In such cases, probate litigation may be required to decipher the decedent’s intent, especially if disputes arise among claimants, or possibly to make decisions when no directives are in place.  What does probate litigation cover and how can you approach it when your loved one is no longer alive, or is otherwise incapable of making his/her wishes known?  Your best option is to enlist the services of an experienced probate attorney, like the qualified professionals at Curtis Law Firm.

What Does Probate Litigation Cover?

Generally, probate litigation pertains to issues that arise following the death of a loved one, including disputes over the will (such as contestation) or attacks on the fiduciary charged with executing the will.  However, probate litigation could also cover issues like conservatorship and guardianship if a loved one becomes incapacitated and incapable of making decisions on his/her own behalf without sufficient Powers of Attorney in place, or no Powers of Attorney.

Guardianship/Conservatorship

In the case that a loved one becomes incapacitated with no named guardian or conservator, the court will have to appoint one.  If you’re worried that the wrong person will be selected, your best shot to have a suitable candidate appointed by the court is with the help of a knowledgeable and experienced probate lawyer.

Contestation

A qualified probate lawyer can help a personal representative to deal with issues like contests to the will, or claims that the will is somehow invalid because of undue influence by a third party, or inability to make wise decisions due to incapacity, duress, or fraud, for example.  Alternately, a probate attorney can help you to prove such circumstances if you suspect the will is not valid.

Fiduciary Defense

If you were appointed as an personal representative and fiduciary for an estate, you may find that family members, friends, or third parties contest your actions, even though you’re merely fulfilling the duties you agreed to.  This may be motivated by greed or complicated emotions related to the death of a loved one, but it doesn’t change the fact that you have a job to do, and you’re going to need the assistance of a probate attorney to complete it.

Probate litigation of any kind can be hard to deal with because of the delicate nature of the process and the high emotional state of the people involved.  If you need legal help to get through the probate process and deal with disputes and other litigation, contact the experienced professionals at Curtis Law Firm today at 303-625-6894 to learn more.

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