January 6, 2022
A general practice attorney is able to help you and your family navigate probate or estate litigation when the time comes. Our team wants you to be informed about this process, and are here to guide you.
Probate is the process where the state recognizes a person to manage the estate of a deceased person. The Last Will and Testament of the decedent names an Executor or Personal Representative. Otherwise, if there is no Will, the Court will select an Administrator.
Probate begins when the Executor submits to the Court the Will and death certificate. When no Will exists, Probate begins when an interested party petitions the Court. They retain an estate litigation attorney and file the appropriate petition.
Probate or estate litigation takes place when an interested party makes a claim or raises a dispute during the probate process. A general practice attorney can help you through probate litigation process if a will is contested (meaning an interested person is challenging the entire Will’s validity), administrator appointments, Executor fee disputes, Trustee removals, and spousal elective share.
Administrator appointments occur within the court system when there is no Will and the family cannot agree on who should serve as Administrator. Disputes over who serves as Administrator often result in a contested hearing, and hiring a general practice attorney is vital. Improper procedures and evidentiary failures may result in the wrong person gaining control over the estate.
Executor fee disputes occur when an interested party believes the personal representative has overcharged the estate. An experienced general practice attorney can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned.
We understand that probate or estate litigation can be difficult to understand and experience. Hiring a general practice attorney with Juris Law & Mediation, LLC. is your best course of action in these circumstances. We have the experience you need to make sure you achieve your legal goals. Our clients benefit from a no-nonsense approach in order to achieve their legal goals.