Inheritance Disputes
What are inheritance disputes?
When an individual dies without a will, then the estate must be divided following state law. This process is called an inheritance dispute. If the deceased has children, they are entitled to receive certain shares of their parent's assets. Inheritance disputes lawyers can help you understand how this process works and navigate through it when necessary.
What causes a will to go to probate?
There are many reasons why do wills go through probate. The deceased's heirs may contest a will or bypass some of their heirs altogether. A will also consider invalid if the dead were not legally entitled to make one due to age and mental capacity restrictions (e.g., underage, mentally ill, etc.).
What is the role of an inheritance dispute lawyer?
When there is a will, and it goes to probate, mainly if there is a challenge to its validity or if it results in an inheritance dispute, then lawyers for this process are called "representatives." They can guide you through the complicated legal procedures involved with the probate process.
What is the role of an estate administrator?
Estate administrators are responsible for carrying out the provisions outlined in a valid will. Since there must be some court supervision over this process, any individual who takes on this task is called an "administrator" or "personal representative." The primary duty of an estate administrator is to collect the deceased's assets and distribute them following state law.
Is it worth contesting a will?
The validity of a will usually challenge when someone contests its provisions. This type of will challenge often happens when the individual writing the will leaves out their heirs ultimately or gives away so much inheritance to one heir that it diminishes another's share significantly.
In this case, a representative can petition the court for a legal procedure called "contestation." If the court rules in their favor, then the inheritance dispute lawyers will amend the will's provisions.
When should you consider hiring an inheritance disputes lawyer?
The challenge to a will lawyer’s role is to provide legal representation for their client. If you are concerned about probate litigation costs, consulting with a representative can help you understand how this process works and what kind of financial investment is involved.
Conclusion:
In many cases, these arguments can result in lengthy court battles. A good lawyer could help you avoid this type of dispute by preparing a valid will that specifies who gets what share of your assets. There won't be any ambiguity about how it should divide among family members after your death.
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