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Feb 20, 2021

What is Probate Litigation?

Probate Litigation Lawyer

Are you looking for a Tracy will lawyer? If so, you might have questions about avoiding probate and probate litigation. Probate is the common legal process of transferring a person’s property and assets after their death. In most cases, even if there’s a will probate is still a necessary formality. Although these customs and laws have changed over time, the purpose has remained much the same.

People often leave behind a will, making clear their intentions as to the transfer of their belongings after they’re gone. This is where a Tracy will lawyer can help you create a legally-binding document that stands up in court. Because of this, the process is usually fairly straightforward. The property is collected, debts are paid from the estate, and then what remains is distributed. But sometimes it’s not that simple.

When is Probate Litigation Needed?

In general, probate litigation is needed when there’s a dispute. This can be a conflict over how distributions are made, or who handles the estate. It includes legal challenges when someone has passed on, such as cases involving wills, trusts, estates, asset disputes, joint bank accounts, and gifts. Or, anything else that families can fight about when a loved one dies.

What if it’s Contested?

Remember, the probate process may be contested or uncontested. A good Tracy will lawyer can help you prevent these kinds of disputes. Most contested issues arise because a disgruntled heir is seeking a larger share of the decedent’s property than he or she received. 

The majority of estates, however, are uncontested. Most matters that are handled by probate courts, like admitting wills and assigning executors, are standard and go off without a hitch. But the process can seem confusing without legal guidance.  

Probate Litigation

Any legal contest that arises due to a person’s death or mental incapacity will be filed in a probate court. This is categorized as probate litigation. Unfortunately, sometimes this process involves lengthy court battles. It’s not uncommon for families to disagree over important issues.

Here are a few common examples:

  • Challenges to the validity of a will
  • Guardianship issues
  • Conflict over who will manage a trust: trust modification or reformation lawsuits
  • Second marriage cases where two families are left behind

Related Content: Signs You Need to go into Probate Litigation

Avoiding Probate Litigation

As you can probably imagine, conflicts like these often create long-standing resentments between family members. Not only do disputes over property and assets create bitter resentments, but these court battles are also stressful and costly, especially when they drag on.

Of course, this isn’t the legacy you want to leave behind, so it’s best to work with an estate planning attorney who can help with your estate plan.

Related Content: Do You Need a Probate Litigation Lawyer?

Tracy Will Lawyer

Do you need an experienced Tracy estate planning lawyer to guide you through the process? At Lewman Law, we’ve been protecting families for over twenty years. Please contact us for further information and assistance. The office can be reached at (925) 447-1250. You can also view testimonials by clicking here.

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