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Probate is a court process which establishes the value and distribution of a deceased estate. Though the Probate Court, an estate transfers ownership from the deceased to the beneficiary.
A probate dispute may arise when a beneficiary is not satisfied with the distribution of assets. Probate disputes are also known as:
Regardless of the term used, a probate dispute is arises when a beneficiary challenges the will or the distribution of assets in the will.
A will is not required for an estate to be probated. However, a will is very helpful in the probate process. A probate dispute can be filed with or without a will.
There are legal requirement for a probate dispute. The person filing the dispute usually needs to be a beneficiary or needs to be an immediate family member. The dispute filler needs to be someone who would have been a beneficiary had there been no will.
Unequal distribution on an estate, especially where there is a will, does not constitute adequate grounds for a probate dispute.
Common causes for probate disputes when there is this no will include:
Causes for probate disputes when there is a will include:
Occasionally the testator may add a No-Contest Clause or a In Terrorem Clause to the will to discourage unwanted probate disputes. These clauses strip the contesting beneficiary of their share, if they file a probate dispute.
During the probate court process assets are organized for the purpose of distribution to beneficiaries. This includes cataloging all assets and paying all debts and taxes which are due. In many cases assets are liquidated or sold during the probate administration process.
If a probate dispute if filed, the estate assets can be tied up in the dispute. If a dispute is filed inappropriately the delay can cause hardship on the executor or financial losses to the estate. A probate lawyer can work to avoid disputes and work to address disputes if filed in an efficient manner.
If a probate dispute is filed for reasons of Undue Influence, Mental Competency, Duress or Coercion a lawyer can work to rectify or stop inappropriate distribution of assets. Once assets are distributed it is very difficult to reclaim the value. If a probate lawyer can quickly file a dispute, the estate has a better chance of remaining intact.
To find an experienced Probate Dispute attorney, contact Attorney Search Network. We can help you find a local and experienced probate law lawyer who will help your case.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your Wills and Estate Planning lawyer referral.