What You Need to Know About Probate Litigation
Probate is a kind of court proceeding that is conducted in order to manage the transfer of assets from the decedent to his rightful heirs and the designated beneficiaries. It determines who should be entitled to receive certain portions from the deceased’s estate based on the stipulations provided in the will or in cases of intestate proceedings where the person dies without having made a will.
The probate proceedings in Greenwich, Connecticut are normally conducted in the probate court of the state where the decedent is residing. This should determine the jurisdiction of a probate case. In some probate proceedings, a probate litigation may arise where an interested party believes that a fault or malice was committed at some point throughout the whole probate process.
What happens during a probate litigation?
Probate litigation happens when there is a dispute as to who should be in charge of the estate or how distribution of the property must be made. In most cases, it involves questioning the validity of the will left by the decedent. In this case, a will contest is filed before the probate court by the party who questions the will. Some common argument would include allegations as to the will not being signed properly or there is an undue influence when the will was created. It could also involve the lack of capacity by the decedent to have signed the will or the possible presence of another will.
The only way that the validity of the will may be settled and confirmed is through the local probate court. Unfortunately, most probate litigations can be grueling and even time-consuming. This is because the disputes occur during an unfavorable death of a family member. It is also vulnerable to tackling sensitive issues within the family that may only worsen domestic relationships.
When to hire a probate litigation attorney?
In Greenwich, Connecticut, once an executor has been named in order to make sure that the wishes of the decedent as stated in his will are honored, there is no need to hire a probate litigation attorney in order to handle your probate proceeding.
However, there are certain instances where probate can be difficult and challenging especially in cases where the validity of the will is challenged, compliance with certain probate laws are questioned, and tensions in the family arise. No one wants to deal with grieving for the death of a family member while going through a stressful probate litigation. This is the best time to hire a probate attorney who will help you file all the mandatory paperwork so it may be presented before the court for the case. In addition, a probate attorney is your best counselor should you be in need of legal advice in times of legal complications and controversy. Remember, probate laws in Greenwich, Connecticut can be quite different from the probate laws of other states so it is best to seek the legal expertise of a probate litigation attorney to guide you during the entire procedure.
The extensive experience of Richard Margenot on probate laws and cases will help you find the best representation whether you are a beneficiary, personal representative, heir, executor, or an administrator in a probate case.
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