Why Do You Need to Hire A Probate Litigation Attorney?
Probate litigation is the process where you can challenge a provision from the Last Will and Testament, the appointment of representative, a codicil from the Last Will and Testament or the overall content of the same. The facts hidden behind each dispute will help you discern the exact cause of action. For example, undue influence, insufficiency in mental capacity, intentional interference and others. The purpose of prosecution or protection leads to probate litigation.
People usually anticipate that there must be an involvement in contested probate matters for which they need to hire a lawyer. This isn’t the case,probate litigation lawyer Bocahelps in the judgment of contested probate matters and fixing other actions from the court while resolving the disputes. These types of contested probate matters are known as probate litigation. An experienced probate litigation lawyer Boca is very important for lawsuits, especially which arise from the issues of estate distribution and other situations.
Situations That Lead To Probate Litigation
There are a number of situations that lead to probate litigation. These include:
- Challenging the validity of a will
- Suit problems based on the construction and wording of trusts and will
- Suits for terminating a trust because it has become impracticable
- Beneficiary suits against fiduciary that fails to act according to law or legal document
- Contests over appointing a guardian for an individual who don’t have the power of attorney
- Modification of trust or reforming law suits
What Type Of Issues Can Be Handled By Probate Litigation Lawyer?
The requirement of a probate litigator lawyer Boca may not be required unless the needs arise for appointing executors or even admitting a will to probate. However, as per most of the law firms some of the areas of probate litigation are considered as issues which can be handled aggressively by a lawyer on your behalf. Some of the scenarios that are handled by probate lawyers are:
- Lack of capacity
- Undue influence
- Rights for spouse including omitted ones
- Contested accountings
- Defective wills and trusts
- Wrongful interference with the expectation of inheritance
- Every contested issue resulting in lawsuit
Most importantly, it is the lawyer who helps in upholding your rights with appropriate legal actions with the final wishes of testator. Testator is the person who has created the will. No matter where you are in the probate proceedings it is always a good idea to make yourself aware of the rights. Moreover probate litigation lawyer offers an apt legal representation as he/she specializes in working with estate administrators, trustees and other individuals.
The Risk Factors
There are certain risk factors when it comes to probate litigation. These include second marriages, sibling rivalry and dysfunctional families. Therefore, individuals must file a pre-nuptial agreement to stay away from probate litigation. However, if things seem to fall out of hand consider, hiring a professional and certified probate litigation lawyer Boca who is experienced in handling all types of cases.