Probate Litigation

The issues addressed and the terms established in some wills were expected by survivors, and this sometimes elicits the need to contest a will. This process is also known as probate litigation. Wills and probates are particularly important because when done properly they can effectively prevent disputes among surviving family members, protect the wealth of a family, maximize benefits and resolve tax liabilities.

Some of the most common reasons to contest a will are as follows:

• A proper inventory of the property was not provided to one or more of the listed beneficiaries
• The will is believed to have been written under undue influence
• There are different ideas as to who should have guardianship or conservatorship
• One or more of the beneficiaries is failing to perform their duties

Of course, other issues will naturally arise in some cases that will similarly call for the need to contest a will, but these are among the most common. All types of probate have a unique system of administration and legal follow-through; some of these may not meet the needs of surviving family members and friends of the deceased. When this is the case, a probate lawyer will need to be involved immediately.