When do I need to hire a probate litigation attorney?

On Behalf of | Sep 16, 2021 | Probate Litigation

Working through grief following the death of a loved one is never easy. If the deceased appointed you to be the executor of their estate, it means that they are counting on you to be able to execute their estate plan according to their wishes.

However, the probate process by which a deceased’s estate gets settled can be complicated, especially if you do not understand the legal terminology involved. This is why you need to seek professional help during the probate process. To make your life as an executor easier, you should consider engaging a probate litigation attorney when dealing with the following scenarios:

When there is doubt on the validity of the estate plan

Most often, especially when an elderly or a mentally impaired party is involved, an estate plan can be changed under suspicious circumstances with the goal of adding or removing a beneficiary. At times, the estate plan may contain omissions or mistakes that require attention. In either of these cases, there will be a need to contest or dispute the estate plan in court. When this happens, you will need the services of an estate litigation attorney to take you through the process of contesting the estate plan.

When the deceased’s party signed the plan while under undue influence

Undue influence happens when an individual in a position of power takes advantage of another person. This is one of the most common reasons for contesting an estate plan. Often, undue influence usually coincides with the claim that the deceased person did not have sufficient mental capacity when signing their last will. If you have evidence that someone reigned over the deceased person when creating the last will, you can engage a probate litigation attorney to help you challenge the validity of the estate plan.

Dealing with the death of a loved one while having to oversee the execution of their estate plan can be overwhelming, more so if you do not know where to begin. Without legal knowledge, you could make costly mistakes. With the help of an experienced probate litigation attorney, you can minimize the stress and ensure that your loved one’s estate plan is executed according to their wishes.



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