The probate process is mystifying to some people; however, it doesn't have to be. In the simplest of terms, probate is meant to transfer the assets of the decedent to the rightful heirs. This is done based on the estate plan of the person. If the person doesn't have one, the case will follow the intestate guidelines of the state.
A will contest must be carefully planned
Probate litigation isn't something that most people will experience in their lifetime. Most wills go through the process without any issue. In fact only around 1 percent have issues, while the remaining 99 percent pass though without any problems.
Probate disputes can be handled through mediation
Probate disputes can be trying matters for the people who are involved. When your family members opt to dispute an estate plan, it can mean that you will have to fight for what your deceased loved one wanted you to have.
Probate litigation doesn't have to be an issue
The probate process is mystifying to some people who haven't ever had to deal with it before. Some people think that when a family member passes away, you just divide up his or her stuff and move on with life. This isn't usually what needs to happen.
Probate litigation is complex but it serves an important purpose
Estate plans are a set of instructions about the handling of possessions after individuals pass away. These plans are usually followed without any issues, but there are some instances in which people who are left behind don't believe that the way things are set up are truly indicative of what the person wanted. We can let you know if you have legal grounds to contest a will or fight back against an estate plan component that you believe isn't correct.
Only certain people have a legal standing to contest a will
Challenging a will isn't something that can be done by just anyone. The law has things pertaining to a will set up so that only specific people can challenge the contents of the will. People or entities who don't have a legal interest in the will can't challenge it.
3 ways that you can try to avoid probate
Having to go through the probate process is something that can be costly and complicated. There are some ways that you can help your loved ones to avoid having to go through the probate process. Using these methods can save them time and money.
Know when you can contest a loved one's will
After a loved one dies, you are probably going to be an emotional mess. Your heightened emotional state might make you more likely to react to everything around you. If you find out that your loved one's will wasn't set up how you thought it was, your emotions might take hold of you. This is understandable, but make sure that you use this to fuel a legal response to the issue.
Learn about probate litigation if you are facing an estate issue
After your loved one passes away, you will likely dread the day when you have to start going through his or her belongings. This is often a very difficult time for family members. If your loved one had a will, this process might be a bit easier because it would include information about who get what; however, this isn't always a smooth process.
Can the 'Four A's' help you deal with probate litigation stress?
Anytime you have to deal with the legal system or courts, it can be stressing. While there's typically nothing to fear from the probate process, there might be a lot at stake.
