Probate litigation is essentially any type of legal action by private parties to obtain compensation or direction from the court regarding a will or trust. Probate litigation is not a simple process, and most individuals do not have the time, energy, or money to take on the responsibility of carrying out such an important task. It’s essential to retain the services of a probate litigation lawyer who has experience carrying out this type of work in your local area.
The assets and properties of the deceased are passed on to the heirs upon death. However, if the deceased did not leave a will, the court relies on state law to distribute the assets. The beneficiaries and heirs must each submit a Petition for Probate Assets in order to grant them access to the assets. There are a few differences between Florida court proceedings and New Jersey probate proceedings.
Probate Litigation Laws
According to the ruling, a beneficiary change can challenged essentially overruled. If you can show that the decedent did not have the mental capacity to change the beneficiary designation. This called proving undue influence, or proving that someone unduly influenced the decedent to re-title an account. Undue influence does not involve proving that the decedents were forced or coerced into making a beneficiary designation change, as these laws are less clear than capacity and undue influence in estate proceedings. Although Probate litigation laws vary from state-to-state, it is important to understand your inheritance rights whether you are named in a will or a beneficiary designation.
Understand the Power of Attorney
If a person’s legal capacity significantly impaired, conservator-ship and guardianship may required. However, limited powers can still assigned to a relative or friend in situations where the person may able to make while they unable to handle some financial or medical decisions. It is important to understand that a power of attorney does not necessarily confer decision making ability. A power of attorney simply allows someone else to make decisions on behalf of the individual.
Estate planning and probate litigation attorneys represent clients with specific needs. Both help their clients create plans to avoid probate when they pass. However, the focus of their representation differ. Probate litigation attorneys prepare wills and trusts documents and represent clients in contested will and trust disputes.
Don’t procrastinate. Take care of your future today. You should have a will or trust document before one occurs. This will allow you to pass on your belongings in accordance with your wishes after your death or incapacity. The probate litigation attorney will guide you through the entire process and help resolve any issues that might come up surrounding the estate. If a probate dispute arises, a probate litigation attorney will be a valuable ally on your side.
Conclusion
In summary, our team of probate litigation lawyers has the knowledge and the experience to help you get through these difficult times. Call us today if you have questions or concerns about an estate issue. Our specialists can answer your questions and help you address any probate-related travesties you face. The benefits of hiring a probate litigation lawyer include having someone with knowledge. And experience to help you navigate through difficult times. If you have questions or concerns about an estate issue, call us today. Our specialists can answer your questions and help you address any probate-related travesties you face.