In the event of a person’s death, their will is processed through the state court system. This is called probating a will. Once the court system approves the will’s validity, then proper distribution of the estate follows. However, when family members of the deceased person decide to dispute a will, it is referred to as probate litigation. Probate litigation is a lawsuit filed by a relative in disagreement with statements or specifications declared in the will regarding distribution of the estate.
Information: Aspects of Probate Litigation
Probate litigation can involve a variety of aspects. Though probate litigation normally involves disputes regarding the administration of the estate by the executor, other disputes can arise.
Potential heirs or beneficiaries may initiate probate litigation when they have been excluded from a will or if they claim the testator attempted to revoke the will.
Disputes can also include contesting the mental capacity of the testator at the time of the signing of the will or if undue influence was a contributing factor. Probate litigation can also involve challenging vaguely written wills. Wills that are poorly written leave room for ambiguity, therefore handing relatives the opportunity to contest the wills.
Hire An Attorney
Probate lawyers specialize in resolving conflicts involving the strict elements of probate litigation (those mentioned above). To ensure that your will is constructed and formatted in a legal and valid manner, hiring an attorney is the best option. Prevent probate litigation after your death by creating an ironclad will with concrete specifications. Your estate and assets are valuable aspects of your life; protect them.
For more information or for assistance with your probate litigation case, contact the experienced McAllen probate attorneys of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555 for a consultation.