Dealing with the death of a loved one is difficult enough as it is. When you start adding more legal problems to it, however, it makes the situation a lot more complicated. One of the common problems that people have after the death of a loved one is conflict over their estate. This is because if there are multiple heirs to the estate, or there are inconsistencies in the will, then the problem needs to be resolved before anyone can receive their share. (Related topics: opportunity zones attorney)
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When this happens, probate litigation is necessary. Probate litigation occurs when there are disputes about who should be in charge of an estate or how distributions should be made. Some of the common reasons why there will be disputes over include:
- Mental Incapacity – Attorneys may challenge the validity of the will if it is believed that the testator lacked the mental capacity to make valid judgements about how their assets should be divided.
- Undue Influence – This refers to a situation where a person takes advantage of another individual. This usually happens when the testator did not have sufficient mental capacity, and someone in power took advantage of the situation to benefit themselves.
- Breach of Fiduciary Duties – If the trustee that is appointed with fiduciary duties doesn’t act in accordance with their obligations under the law, then probate litigation is used to remove the fiduciary. A new fiduciary will then be appointed so that the beneficiaries can recover any damage.
As you can see, there are multiple reasons why probate litigation may be necessary when a loved one passes away. That’s why it’s important to hire a probate attorney that knows what they’re doing. A great attorney will be able to manage the legal issues at hand and navigate through emotionally charged conversations.
Ultimately, the goal of probate litigation is to avoid prolonged litigation and create the best possible solutions for all parties involved. If you or someone you know is struggling with conflict over real estate, hire an experienced probate lawyer.