Probate litigation is when your probate dispute goes to court. It can cause parties financial and emotional losses, as well as delays in the probate process.
If you’re at risk of probate litigation, an experienced lawyer can help you to navigate the feud and minimize your losses. In many cases, they will strive to avoid going to court, which can further reduce your legal and financial risks.
Read the rest of this article to explore the following:
- The different types of probate litigation
- What’s involved in the probate litigation process
- How a lawyer can help you
- How parties can avoid going to court
- How you can appeal a probate litigation ruling
- How to prevent probate disputes in future
What are Common Types of Probate Litigation?
Probate litigation can arise from various types of concerns and issues throughout the probate process. The most common include:
- Contesting the will. One party might not believe the authenticity of the will or accuse the other party of fraud.
- Admin disputes. This is when parties such as beneficiaries and executors argue over how the estate assets are distributed.
- Guardianship disputes. Parties might disagree over the guardian who was appointed for a minor or incapacitated adult.
- Documentation misunderstandings. If parties disagree over how the will, trust, or other documents are understood or interpreted, this can cause conflict.
- Family arguments. Conflict already present between family members can cause or intensify probate litigation disputes and create legal hurdles.
What’s Involved in a Probate Litigation Process?
Hiring a lawyer will help you navigate the probate litigation process. Here’s what’s usually involved in it.
Lawyer Consultation
During this meeting with your lawyer, you’ll both determine how to best navigate the process. They’ll analyze your case and discuss what you hope to achieve.
Initiation
A complaint will be filed to start the legal proceedings, and all parties involved in the dispute will be notified of this.
Discovery and Negotiation
Your lawyer will collect evidence to strengthen your case and share information with the other party. Both lawyers will negotiate and try to reach a settlement.
Trial
If both parties’ lawyers can’t agree on a settlement, they will prepare for trial. During a trial, lawyers will make arguments for their clients.
How Can a Lawyer Help You With a Probate Litigation?
Since the probate litigation process can be challenging if you don’t have a legal background, your lawyer will help you throughout the process. They’ll:
- Evaluate your case to see if it’s strong and how they can support it.
- Explain all aspects of the probate litigation process.
- Guide you to explore the best strategies and inform you of their possible outcomes, so you’re prepared.
- Research and investigate your case.
- Ensure you remain legally compliant.
- Gather important documents to strengthen your case, such as wills, trusts, and financial records.
How Can Parties Prevent Going to Court?
It’s common for both parties involved in a probate dispute to try to reach an agreement outside of court. This saves them both time and money.
Alternative dispute resolution (ADR) methods
These are usually attempted prior to choosing the path of probate litigation.
- Mediation. Mediation involves hiring a neutral third-party mediator to oversee the parties’ attempts at negotiation. They will encourage open communication and collaboration so that parties can reach an agreement together.
- Arbitration. A bit more formal than mediation, arbitration involves hiring a third-party arbitrator who can consider both parties’ sides and then provide a legally-binding decision on how they can resolve the probate dispute.
Informal Negotiations
Lawyers are usually involved in this process. They will negotiate with each other, based on their parties’ interests and concerns. The aim is to reach a settlement.
Settlement Agreements
The family members involved in the probate dispute might wish to draft a legally-sound agreement that resolves the dispute for all parties, without having to go to court. They might request that their lawyers edit terms and clauses in the original will so that distributions can be adjusted.
Can You File an Appeal for Probate Litigation?
If you don’t achieve the outcome you were hoping for after probate litigation, you can appeal the decision. However, you’ll have to follow some important steps.
- Give notice of appeal. File this formal notice, but bear in mind that it has to be completed within a specific timeframe.
- Explain the reason for the appeal. Known as an appellate brief, this provides details for why you think there was an error in the court’s judgment.
- Wait for a responding brief. The other party’s lawyer will argue for the decision to remain the same.
- Arguments might ensue. In some cases, the court will let the parties argue for why their position should be considered.
- Wait for the ruling. It’s up to the court to decide if they’re going to approve the decision, revert to the previous one, or submit the appeal to lower court so that they can decide on a ruling.
How Can You Avoid Probate Disputes?
It’s encouraging to know that in many cases you can prevent probate litigation. Here are some things to consider.
Get Your Will Reviewed
It’s essential to have your will reviewed on a regular basis to ensure everything is clear, transparent, and credible. This can prevent disputes from arising in the future.
Speak to All Beneficiaries
Keep communication open with all parties involved in the probate, so that no one feels excluded, as this is a common reason for disputes.
Store Financial Records
You should keep all financial records and other probate documents in a safe place so that executors know where they are when required. This is a simple way to ensure estates can be properly and accurately distributed, while preventing delay-related disputes.
Do you need a probate litigation lawyer?
Hire a lawyer from ContractsCounsel, an online legal network connecting clients with lawyers. All lawyers are vetted on the platform, with years of experience in helping clients navigate the stressful probate litigation process. They’ll give you peace of mind and help you explore the most effective strategies for a favorable outcome.