Probate litigation is a legal action filed by an heir or beneficiary against an executor, administrator, or a third party. The following are the people that would be involved in a probate litigation:
The probate estate is all the property, of whatever type, owned by the deceased person in their own name at the time they died. The executor or administrator has the legal power to act on behalf of the probate estate.
The sole purpose of a probate litigation lawsuit is to acquire an heir or beneficiary’s rightful inheritance. Probate litigation can also be a legal action filed by a beneficiary, heir, executor, or administrator to claim back the property that rightfully belongs to the probate estate or to have the court rule on the appropriateness of the executor’s or administrator’s acts.
Furthermore, it can determine the distribution of the property among the heirs as given in the will. If there is no will, the probate court can determine an intestate succession strategy for all parties involved.
Many cases come before probate courts, like approving wills and assigning executors. A probate litigation lawyer, in this matter, helps the family with preparing the paperworks. They also assist the executor of the will to convey duties in compliance with the state’s inheritance laws.
Nevertheless, when legal problems come about in the event of a family feud over the will’s contents. There is also room for litigation if many or all of the family members are not confident in the choice of the executor.
You may also need the help of a probate litigation lawyer if there’s no responsibilities during the estate administration and distribution or if creditors are requesting more than the deceased owed.
Other causes for court challenges include contests over the appointments of guardians, power of attorney, and conservators. If the matter involves trusts, then that is trust litigation.
Probate litigation refers to legal action filed by heirs or beneficiaries. The matter may be filed against the appointed executor, estate administrator, or third parties like creditors. Keep in consideration that the probate estate refers to the entirety of the deceased’s possessions. Even things that are just of nostalgic, non-monetary value. Once the will or courts determine an executor, they have the right to oversee the distribution of this estate.
Probate litigation assists to protect the rights of an heir or beneficiary to their inheritance. It may also help to reclaim part of the estate from a grabber or aggressive creditor. It may also help to remove an executor who is not acting in the interest of the heirs or is contradicting the terms of the will.
There are high-risk elements that drive probate litigation range from sibling rivalry to second marriages and family disputes. If the deceased person had multiple spouses without a prenuptial agreement, the other spouses are more probable to contest the will.
Prenups are famous for protection in divorce matters. The truth is prenuptial agreements are also highly advantageous to streamline inheritance matters after demise. This is due to the fact that even individually owned assets can be transformed into community property during the marriage. And where many spouses (present or past) are involved, this can precipitate an intense legal battle after the demise of the benefactor.
Hence, for that reason family members can use probate litigation to get what they deserve as an inheritance. Therefore, let’s shed light on the fact that creditors can also use probate litigation to get what they were in debt to by the demised. It is often wise for the executor to work with a probate litigation lawyer to protect the estate against these claims that have been raised in court.
Before they departed, the estate owner had constructed an overly complex will. They could have purposefully left out a child or a spouse from the will or laid complex terms for the estate distribution to the children and grandchildren.
These elements are likely to lead to contestation and litigation in the courts. This is also the case if the demise included a mistress in the will. A probate litigation lawyer can assist the executor to make the right decision according to the state’s laws to benefit all involved.
Executors are eligible for compensation. But if the will does not strictly set out a fee structure, executors can declare whatever they consider “reasonable” payment for their services. If the heir or beneficiary believes the executor’s compensation amount is beyond a reasonable doubt, they can bring up a probate litigation legal action.
Consider a matter where the appointed executor, administrator, or trustee starts stealing from the estate. In that matter, the beneficiaries should act swiftly and bring up legal action to remove these people.
Transparency is important on the part of all who are appointed to oversee the estate and distribute assets. If they are disorganized, careless, or blatantly go against the terms of the will and the probate laws of the land, there would be a high probability of a probate litigation.
Even if the provocation to an estate is solid and valid, many states have strict statutes of limitations. In short, this means you have a deadline to file the lawsuit. In the state of California, you have one hundred twenty days (120) days to contest a will following the benefactor’s death. For other matters, such as a breach of the fiduciary statute of limitation, it is three (3) years from the date of the infringement.
California probate courts will only proceed with claims within the legal time frame. It is mandatory, therefore, to seek legal counsel as soon as possible if you have issues with the will, the executors, the creditor, or other beneficiaries.
Since sentiments are typically high in a probate court and interactions can get tense, these litigations can rip up families apart. While not all contests can be put to stop, a majority can be settled outside court to avoid probate litigation. A probate litigation attorney who is knowledgeable in mediation can assist to reach an agreement that works for everyone involved in the lawsuit.
Probate litigation lawyers are concerned with the will. Trust litigation attorneys are involved with the trust. Even though wills and trusts are both estate planning documents, they are inherently different. For that reason different laws apply to each.
In California, probate and trust litigations both happen in probate court. But remember that probate litigation only involves the assets, beneficiaries, and third parties associated with a will. Trust litigation involves assets and people related to a trust.
Even if the deceased held both a probate estate and a trust estate, probate litigation doesn’t affect the terms or details of the trust. The same is true. A trust litigation cannot affect what pertains to the will.
Any heir or beneficiary or someone left out of the will has a right to protest the will and have the court demonstrate or disprove its validity. Some of the known reasons for contesting will include the following:
Forgery. There have been cases of forgery in wills. When a will is signed by a person who didn’t know they were signing their will, it may be considered fraud. Forgery is considered if there is reason to believe someone else signed the will in make-believe as the deceased.
Duress. Litigation may help ensure truth and transparency if the deceased signed the will under duress. Duress mostly occurs if someone, most likely the spouse or caregiver, forces or influences the benefactor to sign the will in ways that favor their interests.
Incapacity. If the author of the will was incapacitated at the time of signing the will, any resentful parties can have the courts throw it out. Validity of wills as estate planning documents demand that the author be of sound mind. In other words, they must be sober and of sufficient mental acuity to understand what they are writing or signing if a condition or age impairs memory or reasoning, which raises grounds for any party to challenge the will.
Errors. The signing or drafting of a will or trust should abide by the strict guidelines and laws set by the state. If, upon examinations, the legal document breached these guidelines, any interested party can file a legal action to have it thrown out. In that case scenario, the probate will decide the distribution of the estate based on intestate laws.
As seen greater than, some of the probate litigation matters are entirely inescapable. In such cases where emotions and disputes can escalate uncontrollably, it is vital to find a probate litigation attorney to help you navigate these matters with clarity.
1. Recognize the legal issues with a Will
Let’s face the reality. The countless laws that relate to estate planning and probate litigation can be complex to comprehend. Without legal help, it is easy to overlook issues, and this can lead to more problems down the line. A probation litigation lawyer can help you find or prevent issues with the will.
2. Disproving a will
When disproving a will, there is bound to be a long, protracted litigation process. Working with a probate litigation lawyer can help ensure that your rights as a beneficiary or heir are protected and that the courts come to a favorable judgment.
3. Defend against a Will contest.
In will contests, you may find yourself on the defense side. This is likely the matter if you are the executor or estate administrator. A probate litigation lawyer can help you defend the will against creditors and or frivolous claims from people displeased with its terms.
4. Address misconduct
Administrators or executors can initiate wasting resources. They may go against their will and make unsuitable decisions that disadvantage the beneficiaries. A probate litigation lawyer can help you get the administrator or executor removed.
5. Steer other legal matters
Probate and will execution involves a vast amount of paperwork and dealing with judges or clerks. If you are in charge of distributing the estate, a probate litigation lawyer can assist you do all you are supposed to do in strict compliance with the law.
They will help with petitions, dispute resolution, filing legal action, and defending the will against contests by interested parties. Call to speak to an knowledgable probate litigation lawyer.
Probate litigation is different from an uncontested probate
Both probate litigation and probate take place in probate court. Probate is the court superintend process of gathering, managing, and distributing the assets of a deceased person to the people who are supposed to inherit it. Probate litigation will spring from an open probate estate. But it is vital to know most probates do not involve litigation. Learn more about California’s probate process, as opposed to probate litigation.
The faster you speak to a Civil Litigation Attorney the better. Waiting too long to file Civil cases can complicate your case. Make it easy on yourself. Call us to talk with an experienced lawyer right away. Your call is confidential, and you’re FREE CONSULTATION with one of our civil litigation attorneys at (310) 894-6440.
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