At its core, the probate litigation process is a legal estate dispute. The basis for it can come from several arguments. All of them center around the ability of an individual to make decisions for themselves. Should a condition prevent them from understanding and making decisions, then probate litigation would be needed.
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Prompts for estate dispute can include:
Diminished Capacity
Over time, people lose their ability to make sound decisions. This arises with illness or age. For example, sometimes a person is diagnosed with a mental illness which would make them unable to make their own decisions. Alternatively, as you age, several conditions arise such as Alzheimers or dementia which also impact your ability to make your own decisions. Probate litigation usually arises in such scenarios as a debate over capacity and who should oversee the person’s affairs occurs.
Disability
A person suffering from a debilitating disability could be in a situation where they cannot care for their own affairs. Anytime a person’s freedom to make their own decisions comes into question, the court must delve deeply to see if the situation warrants intervention. Probate litigation is the process that a person has to go through to challenge an individual’s ability to make decisions.
Death
Probate litigation happens when a disagreement arises over how a deceased individual’s assets should be distributed. This could be due to the lack of a will or trust. Alternatively, it could be a result of an argument about the distribution of the estate. Whatever the reason, probate litigation is common whenever an estate dispute occurs.
Of course, probate attorneys have experience in navigating the many facets in each of the above trouble spots. If you or your family member is stuck, reach out to John Lewman and he can walk you through the probate litigation process. Call the Lewman Law offices at 925.447.1250.
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