subject: What Is Probate Litigation? [print this page] Probate litigation encompasses a broad range of probate issues relating to disability, death, and and aging. There are many sorts of legal battles that the phrase "probate litigation" covers. If there are disputes over guardianships and conservatorships, then these are considered probate litigation. In addition, legal battles over power of attorney and living wills are also categorized under the phrase "probate litigation." In addition, probate litigation covers the obvious legal battles which involves family members disputing over who gets which assets from an estate.
The sorts of legal battles which involves family members disputing over financial assets can involves all sorts of legal instruments. These legal battles may involve the use of wills, which is quite common. Or, these legal battles may involves trusts or even joint bank accounts. There may even be certain gifts that families fight over in probate litigation.
Other probate litigation issues may involve an "outsider" trying to financially exploit an estate. There are many sorts of "outsiders" which may seek to take advantage of a deceased person's estate. These are caregivers, insurance salespeople, financial advisors, nursing homes, or other entities.
For probate litigation, it is essential one hire a probate lawyer to navigate through the complexities of this litigation. Often, it is up to a probate lawyer to present various legal theories to a judge or jury in these sorts of cases. A probate lawyer will need to understand how to put forth a good argument attesting to why an estate should be taken at its face value or why intentions of outside parties should be taken into account when determining the meaning of a document.
Sometimes there is dispute over wills and whether a "four corners" approach should be taken. In common law, a "four corners" approach means that a judge will only look at the words within the four corners of a document. A judge will not consider the intentions of outsider parties in looking at a legal will. Otherwise, this would be a sort of approach favored by judges like Judge Traynor.
While a "four corners" approach is more traditional, there are other sorts of approaches which may be necessary in a situation. It may be necessary to look at the outside intentions of the grantor if he or she has failed to label an estate as revocable or irrevocable. This can lead to certain problems if there were changes made in the estate that were never recorded, or that were recorded, except after the estate had been named irrevocable. In these sorts of issues, a probate lawyer is especially helpful and will be able to be of benefit for families.
Overall, it is a good idea to hire a probate lawyer to navigate the complexities of probate litigation.
