Americans are getting older, leading to an increase in the number of contested estate lawsuits. Families may fight over the transfer of wealth and end up in complex legal battles. Anyone challenging an estate needs experienced probate counsel to help navigate the process of Probate litigation.
People might assume a probate litigation lawsuit is the same as most lawsuits. However, they need an understanding of estate planning and the ability to navigate situations where emotions are running high. Without this legal advice, a disagreement can quickly escalate, and the parties could end up in a lengthy and costly legal battle. The consequences of this battle are often far-reaching.
What is Probate Litigation?
Probate litigation is any case arising when a deceased individual’s estate is being handled. These cases typically fall into one of four areas. Family members may contest estate documents because of fraud, menace, undue influence, or incapacity. They may challenge the estate, saying there was a breach of duty on the part of the fiduciary, or the family might attempt to recover property that belonged to the deceased and should be included in the estate. Elder abuse is a concern for many, and the family might need to file a lawsuit in civil or probate court to protect the loved one and restore their rights and assets.
Who Has Standing in Probate Litigation?
The law states that only certain people have standing in probate litigation. Any person cannot bring a lawsuit. To do so, the person filing the suit must be a close relative of the deceased, a named beneficiary, or the trustee or executor. If the person doesn’t have standing, the case is automatically dismissed.
No Contest Clauses
Some estate plans include a no contest or “in terrorem” clause. This clause is meant to stop beneficiaries from challenging the deceased’s will or trust. If a person chooses to proceed, there may be severe consequences. If they ignore the clause, file suit, and lose, they may lose their entire inheritance. People put this clause into their estate plans to stop frivolous lawsuits while ensuring their wishes are fulfilled.
Judge and Jury in Probate Disputes
People might assume their case will go before a jury, but probate courts don’t have jury trials. Judges serve as fact-finders and final arbiters of cases. They make decisions based on the pleadings and evidence presented in court. Plaintiffs must ensure judges have all the information necessary for a fair outcome.
Seeking Legal Advice
Individuals wishing to contest a will should speak with an experienced probate attorney. They help clients understand the procedural rules and evidentiary requirements. They know which strategies to use for the best outcome. Furthermore, they help clients determine whether to file a lawsuit and if doing so will be in their best interest.
If the case moves forward, the attorney helps the client gather relevant documents to prove their claim. The attorney has a network of expert witnesses they can call on to help bolster the plaintiff’s case and communicate with opposing counsel. Furthermore, they manage the client’s expectations while prepping for court appearances.
Navigating probate court isn’t easy. Individuals involved in a probate dispute need to work with experienced attorneys to increase the odds of favorable outcomes. Contact an attorney today for guidance and representation and have peace of mind the case is being handled properly.
