What Does a Probate Litigation Lawyer Do?
When an individual dies, his or her properties should be dispersed to the rightful successors and/or beneficiaries. Probate is the judicial or court mechanism by which this takes place when someone has no will, has a will, or has a trust however stopped working to fund all assets into that trust, leaving them based on probate. If there is no will, state law dictates how assets will be dispersed. If there is a last will and testament outlining the wishes of the decedent, it will direct what estate properties will be acquired by whom– i.e. relative, successors, beneficiaries, charities, and so on. Preferably, these directions are clear, so that the process proceeds efficiently. In some cases, disagreements arise that lead to lawsuits. Litigation is no little undertaking, subject to particular guidelines, due dates, and so on. A probate litigation lawyer helps individuals, beneficiaries, recipients, executors, and trustees navigate the lawsuits procedure to secure the best result.
Probate lawsuits definition
Probate lawsuits just describes the legal procedures associated with objecting to a will, contesting a trust, seeking redress for a breach of fiduciary responsibility, silencing title to a property, protecting home that was wrongfully taken, addressing inability or undue impact problems, or dealing with a tortious disturbance with anticipated inheritance claim.
What are probate lawsuits really?
Probate litigation is the judicial or court procedure by which individuals look to deal with a viewed incorrect or other instructions from the court concerning a loved one’s will or trust.
Is a probate litigation attorney like a probate litigation lawyer?
Yes, the terms “lawyer” and “attorney” are interchangeable. Nevertheless, note that there is a difference between a probate lawsuits lawyer and an estate preparation lawyer. In general, a probate lawsuits lawyer is a trial lawyer who is familiar with wills, trusts and estate planning issues and the court processes associated with objecting to a will, challenging a trust, etc. While an estate planning attorney usually is a specialist in creating estate strategies, trusts, and last wills and testimonies, regularly they are not acquainted with and do not get associated with trials and trial preparation problems that a probate lawsuits attorney handles regularly.
When should I work with a probate litigation lawyer?
The short answer is that you ought to be consulting a probate litigation attorney at any time you question what a loved one is doing or has done with their estate, or, if you are an administrator or trustee, when questions are being asked about how you are administering a will, estate, trust or trust estate. A probate litigation attorney is usually called upon to solve common will, trust, and estate disagreements.
There are many nuances to this type of law, as an attorney, like a probate litigation lawyer from a law firm like Kaplan Law Practice, LLC, can explain.