subject: Probate Litigation: A Legal Family Feud [print this page] Probate Litigation: A Legal Family Feud Probate Litigation: A Legal Family Feud
Legal Disputes About Aging, Disability, and Death Qualify for Probate Litigation
Trying to make some sense of private battles related to guardianship, conservatorships, and death can become nasty encounters and when they do they usually are candidates for probate litigation.
Disputes over living wills, patient advocate designations, and powers of attorney are also considered issues for litigation and when asset distribution due to death is the focal point probate litigation is designed to resolve those disputes. Arguments over wills, estates, trusts, joint bank accounts, gifts, and just about anything else a family can fight over when a family member dies often wind up in probate court so probate litigation is affectionately called legal family feuding at its finest.
Not all probate litigation cases involve family bickering. Some cases try to protect the assets of loved ones that are still living or they try to recover money from family outsiders like insurance companies, and from sales related situations that have gone sour for one reason or another. Caregivers may also be involved in litigation, especially if there is some hint of exploitation or illegal manipulation of a disabled member of the family.
Probate cases dance through the news headlines; the rich and famous as well as fame seekers use court proceedings to prove or disprove issues that relate to some type of gain. Some lawyers do nothing but probate litigation. They have a long list of disputes to resolve because individuals want legal protection and they demand it.
So What's so Interesting About Probate Litigation?
Entitlements as well as financial guarantees are usually the root of probate litigation. Wills are designed to protect love ones after death, but the content of wills can be changed legally as well as privately and the intrigue that develops from those changes make great stories and the public loves them.
Stories of fraud and the mishandling of estates and trusts perk the interest of everyone. The wording and framing of legal documents play an important role in their legal veracity. That veracity is constantly being tested for accuracy as well as for legal loopholes, which can change the outcome of probate litigation.
The best advice when it comes to handling potential probate issues is to get professional advice. Every aspect of a person's financial life should be documented. Establishing a trust or other legal instruments may be necessary to achieve the desired outcome without putting loved ones through the process of probate litigation. Litigation can and often does change the wishes of the benefactor in some way.
State laws concerning probate issues are different so it's important to find the appropriate legal help and if the estate moves to another state it should be reviewed by professionals that completely understand the laws of that state.
This article was not written by an attorney, and should not in any way be considered legal advice. Please contact an attorney in your local area for information relating to your specific case.
