It’s understandable to find the probate process a bit confusing. Probate matters involve those who are involved in the passing of a family member or other loved one. When this person passes away, they often leave behind wills. If there are any bumps in the road regarding who gets what in a will, probate services are often called upon. In this post, you’ll learn the importance of probate law and why many choose to have an attorney during these situations.
Understanding Probate Law
When someone passes away, there is often things that are left behind to other members of the family. In addition to money, the deceased often leave behind property and unpaid expenses. In certain situations, the wishes of a deceased individual can be carried out smoothly. If this isn’t the case, these matters will be solved through probate litigation.
The Purpose of Probate Litigation
Probate litigation occurs when a will is challenged. A will can be challenged for many reasons. You’ll often find that litigation attorneys are needed if there is ill will between two or more family members. That being said, it’s not only siblings that can cause a will to enter probate court. In other cases, marriages can become a huge factor in whether a will is contested or not. Matters can become worse when surviving family members clash with a widow in regards to the validity of a will.
Lastly, inexperienced trustees are often reasons that litigation attorneys are called upon. Unfortunately, appointing someone to execute your will doesn’t always mean they will do a good job of it. For instance, the appointed will executor might have waited too long to files documents. In addition, it’s possible that this person simply has no idea what they’re doing. During these situations, probate and estate administration work to resolve these matters.
Why Many Choose to Hire a Probate Litigation Attorney
If you’re considering hiring an estate planning attorney for your personal matters, it’s a wise decision. If you’re dealing with matters related to someone’s will, it’s wise to have a probate attorney involved. A probate attorney will help ensure that the deceased person’s will is properly filed. A probate attorney is also great to have on your side while filing paperwork with the probate court. Properly administrating a will does require filling out quite a bit of paperwork. Considering that, it’s wise to have a lawyer on your side to ensure these documents are filled correctly.
In closing, it’s important to understand how the process of probate law works. Considering that many of these situations involve wills being contested, litigation attorneys are often needed. These attorneys can help determine the best possible matter in which to resolve contested wills. It’s understandable that many people don’t want to spend a lot of time involved in probate courts. With that in mind, it’s best to have this process completed as efficiently as possible by having litigation attorneys present.