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Probate Litigation - The Right Way to Do It!


Whether you are going through a probation litigation case or you just want to find out more about this topic, then this article is perfect for you. In the next paragraphs, you will find out more about what probation litigation is, what to expect when dealing with such a case, how probate litigation attorneys can help with your case, and what the right way to do it is.

Probate Litigation - What It Is?

The first and most important thing is to make sure that you know and understand what probate litigation is. In short, probate litigation appears when, during a probate process, there is a dispute. The State recognizes and entrusts a person to handle a deceased person's assets. The assets can be split up and divided according to the deceased's will or through a process of administration. Probate litigation appears when one of the parties involved in this process believes, rightfully or not, that at some point, mistakes have been made. Furthermore, they think that as a result, the correctness of the process has been jeopardized. This is the moment when probation litigation attorneys come into place and try to turn the tables around.

Common Examples

The most common example of probate litigation is the will contestation. When someone does not agree with the content of a will, they can contest the validity of the will. When there is an improper signature, contestation can happen or a second will that either contradicts the content of the first will or questions the conditions under which it was signed.

In a probate litigation process, a person who can question the validity of a will is called an interested person. The people falling under this category are a devisee, a direct heir, a legal partner, a creditor, anybody who might have the legal right to act so, and anyone who might be interested in the welfare and the well-being of a disabled person.

What to be aware of?

When dealing with a probate litigation case, you should be aware of when to file for a will contestation. If you want to avoid the burden of providing proof regarding the will's validity, you should file before it is probated. When doing so, this burden falls on the shoulders of the other party involved. This means that they will have to provide proof that the content of the will is valid.

Furthermore, beware of children from previous marriages. In many states, the law favors children from previous marriages where the parent died without having made a will beforehand. To avoid any surprises, you should contact a probation litigation lawyer. Their expertise in the field can help save your case.

Finally, probate litigation cases are never easy, especially since most of the time, they involve a deceased person and a bereaved family. Nonetheless, they are essential and should be treated with the utmost importance. For the best results, you should seek help from probate litigation attorneys whose specialty and experience in the field can make or break your cases. 

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Tuesday, 07 February 2023
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