The Need-To-Know: Probate Litigation

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Just the mention of probate is enough to make many roll their eyes. It’s a long, drawn-out process that can seemingly last forever. When probate occurs all anyone wants is for it to end, and when preparing estate planning documents all anyone wants is to avoid probate. Despite that, there’s a reason that probate exists, and there’s a reason that it can last so long. Probate litigation can serve to cut through to the departed’s true wishes in a huge variety of circumstances where those wishes could otherwise be forgotten.

When Is Probate Litigation Useful?

Families don’t always get along, especially when there’s money to deal with. So, one family member getting less than another can quickly bring out anger and frustration. These feelings are often converted into will contestation or other probate litigation. On the other hand, perhaps a beneficiary worries that a will was written under coercion or while the deceased wasn’t in the right state of mind. In that case probate litigation is also likely to surface in order to check the validity of the will. However, probate litigation can extend beyond just wills.

If a trust wasn’t created properly, probate provides a great opportunity to correct it. For instance, if the document uses vague language then the true intention can be verified through probate litigation. On the other hand, probate litigation also provides an opportunity to dispense with trusts with purposes that are no longer applicable. In these ways probate is a great chance to make sure all aspects of estate planning are in excellent shape prior to disbursement of funds.

Who to Trust?

Whether you want to make a set of clear estate planning documents that will stand up to litigation or you need to deal with the tricky world of probate litigation yourself, you need an experienced estate planning attorney. At Morgan Legal Group we are renowned for providing the best estate planning services. Our team have earned their reputation and we can’t wait to put our skills to use for you. Come in for a consultation today and find out more.