Probate Litigation: When to Seek Legal Assistance

The Common Issues That Lead to Probate Litigation

Losing a loved one is never an easy experience. If you’re lucky, planning a funeral will be the most challenging task ahead. Unfortunately, many people often find themselves in more difficult situations due to probate issues and disagreements. When such problems arise, knowing how to respond can be difficult — and knowing when to hire a probate attorney is essential.

There are a variety of issues that can lead to probate litigation. If any of the following situations exist, it’s not uncommon for those involved to find themselves in court:

• Someone contests the validity of a will or trust
• Beneficiaries do not agree on how to distribute assets
• Accusations of undue influence or lack of capacity
• Misconduct on the part of trustees or executors
• The validity of creditor claims is in question
• Someone challenges the appointment of a conservator or guardian

While these are the most common problems that lead to lawsuits and probate disputes, they’re far from the only issues that may arise. State laws try their best to simplify the estate administration process, but even vigilant preparation and the help of an estate planning lawyer doesn’t completely remove the potential for disagreements.

Not all disputes will rise to the level of legal action, but it’s still important to understand when contacting a probate lawyer is in your best interest.

When Should You Contact a Probate Attorney?

Clearly, there are many problems that can arise during probate administration. In a perfect world, families would be able to work these out amicably. However, a time may come when you need a probate attorney on your side — and in some instances, this need can arise long before a case ends up in court. For instance, you should hire a lawyer whenever:

• A will or trust is contested.
• Time is of the essence (e.g., time limitations on filing claims).
• The estate in question is complex.
• Mediation is not working.
• Challenges to conservatorship or guardianship have arisen.
• It’s suspected that creditors are being dishonest.
• If you’re accused of misconduct.
• You suspect others have engaged in misconduct.
• Someone suspects that a will is invalid.
• You suspect you’re not receiving your fair share.

In all these situations, the help of an experienced legal professional can prove invaluable. In some instances, this assistance may be able to help you avoid litigation altogether. After all, the involvement of a lawyer could bring the opportunity for alternative dispute resolutions. If these issues end up in court, however, legal representation is an absolute must.

Steps for Avoiding Probate Litigation

The best outcome for probate litigation is a situation where it’s simply avoided altogether. Even when legal disputes seem all but destined to end up in court, there are ways to sidestep such an outcome. The following tips can help individuals avoid potential probate issues — over their own estates and those of their loved ones.

Keeping Your Estate Out of Probate

• Create a clear and comprehensive estate plan
• Consult with an experienced estate attorney
• Update your estate plan periodically
• Consider making gifts during your lifetime
• Discuss estate plans with beneficiaries
• Consider equal distributions to minimize disputes
• Address personal property
• Account for digital assets
• Explain the rationale behind decisions
• Utilize “no-contest” clauses when possible

Keeping a Loved One’s Estate Out of Probate

• Notify all friends, family members, and relevant professionals (e.g., lawyers) of your loved one’s passing
• Maintain open communication with your family
• Secure your loved one’s property to prevent theft or damage
• Locate the will and other estate documents
• Identify all assets and liabilities
• Pay bills and debts determined to be valid
• Follow the instructions in the will when distributing assets
• Keep detailed records of all asset distributions
• Consider mediation or other alternative dispute resolutions
• Work with your attorney to create a final accounting of the estate

What if the Probate Decision Is Unfair?

There are times when you will not agree with the outcome of a probate dispute. Perhaps you fully expected a fair outcome — from the petition of probate all the way to the final order — and were surprised it didn’t happen. There’s also the chance that you found yourself caught up in litigation, and the judge didn’t rule in your favor.

Regardless of the situation, there are usually appeal options. In fact, estate administration and probate cases go all the way to the Supreme Court on occasion. While this is unlikely in any given case, the fact remains that there are usually opportunities to seek a more favorable outcome when you feel a decision is unfair.

The decision to file an appeal is clearly a situation where it’s time to call a probate litigation attorney. At Peak Legal Group, our law firm is ready to help. Contact us today at (610) 989-7064 to schedule your free consultation.