Probating a will or naming an executor of an estate can be a nerve-wracking experience for all parties involved. It can be emotional and difficult and often invites disputes among family members. It isn’t rare for disagreements between beneficiaries to occur, and this usually leads to the will being contested or a claim being levied against the estate. Attorneys specializing in probate matters are indispensable when resolving probate disputes among family members and beneficiaries. This article will explain why having an attorney by your side is a prudent decision that can help resolve probate disputes before they become a significant issue and help ensure a smooth probate process.
Probate Disputes and How They Start
Probate disputes arise in many ways, often due to disagreements about money, real estate, and who is chosen to administer the estate. Legal disputes may take the form of a challenge against the validity of the will, the will’s terms, or even the way assets are distributed. There is also the potential for third-party claims against the estate, such as creditors or lawsuits. These disputes can cause anxiety and financial loss and drag the case on for years.
Dealing with the loss of a loved one is hard enough, and probate disputes can make the process even more complex and heart-wrenching. An attorney can help alleviate many issues by providing legal guidance to help avoid common estate issues and serve as a buffer between individuals who cannot work together. Estate planning attorneys can also explain legal issues to ensure that all parties fully understand the process and each step of the probate matter.
Contesting the Will and Other Disagreements
One of the biggest challenges in a probate dispute is when the will is contested. Everything depends on whether the will was properly drafted and executed and the language it contains. There are many reasons why a will may be contested, such as incorrect execution, undue influence, or even lack of capacity by the decedent. A will can be contested if the person writing the will was not in the right state of mind or was forced or coerced to sign the will. Attorneys are experienced and know how to collect evidence and represent their clients in court to support or contest the will’s validity.
Beneficiaries will often have differing views on the contents of a will or how the assets of an estate are distributed. This is when an attorney can step in and act as a mediator between the parties to ensure a peaceful resolution. Attorneys know how to negotiate settlements between parties and can propose solutions that can help to avoid contested litigation that ultimately drains the estate.
Handling Claims Against the Decedent’s Estate
Third parties, such as creditors, can file claims against the estate to recoup money owed or seek outstanding payments. Other individuals, such as business partners or businesses, can file claims against the estate or even file a lawsuit that can lower the estate’s value and tie it up in litigation for years. An attorney can help executors or administrators work through these issues and take proper action to protect the estate and beneficiaries. Not all claims submitted against the estate are valid, and a trained attorney can review the claims and consult with their clients regarding the next steps they must take.
Consulting with an attorney is the best way to ensure that the estate will be defended in court, that valid claims against it will be paid per law, and that invalid claims will be challenged. Your attorney can also ensure that assets are correctly distributed to the correct beneficiaries, which will protect the estate from future lawsuits or court challenges.
How an Attorney Can Help
Estate planning attorneys have experience handling cases exactly like yours. They know how to resolve probate disputes before they become a problem and can offer legal guidance if the matter ends up in a court proceeding. Consulting with an attorney is also helpful in getting information on mediating an estate.
Not all probate disputes require the court, and an attorney can help executors and administrators work through issues with beneficiaries and third parties that may try to challenge the will or bring other disputes against the estate. There is also the benefit of having peace of mind when working with an attorney and knowing someone is watching out for you and walking you through the process.
Contact an Attorney
Progeny Law Firm assists clients with estate planning in Baton Rouge, LA. Call (225) 465-1090 or contact us online for a free consultation. You can also sign up for our free educational seminars.
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