What Is Probate Litigation?

Monday, 27 Dec 2010 03:18 PM

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink
If you have a large estate, scores of movable and immovable properties, bank accounts and gifts, then you are more likely to be engaged in probate litigation. Before going into the details of probate litigation, it is important to know what probate litigation means. As per the probate law, a probate court will identify the assets of the deceased, decide on the payment of taxes and other incidental expenses, and distribute the property among the legal heirs as mentioned in the will.
 
A will is a document written and signed by the deceased with the attestation of witnesses. It is the document that specifies how the beneficiaries should distribute the property among themselves.
 
It should now be clear that probate litigation is nothing but “contesting a will.” A will can be contested on various grounds. The below-mentioned points are the most common reasons to contest a will on:
  • Some of the beneficiaries are not given an inventory of the property
  • Claims of undue influence
  • One of the beneficiaries enjoying the full benefits
  • Differences of opinion over guardianships and conservatorships
  • One of the beneficiaries failing to do his or her fiduciary duties
  • Details about the creditors not disclosed
  • Dispute as to who can take over as the personal representative. A personal representative is a bank or trust appointed by the probate court to administer the estate.
Why are wills and probate considered to be important? Here are some of the reasons:
  • To avoid dispute among family members
  • To arrive at an amicable solution
  • To make sure that all the heirs benefit
  • To safeguard the wealth
  • To get maximum benefit from the property
  • To resolve tax liabilities
The law of limitation is strictly applicable to probate litigation. Even if there is a very valid claim, the probate court will not proceed with the case if it surpasses the time limit. Therefore, seeking legal counsel as soon as possible is highly recommended in the case of wills and probates.
 
Keep in mind that it is not easy to deal with wills and probate; a number of issues are involved. It could ruin the very foundation of the family and the very fabric of relationships. However, probate litigation becomes inevitable when all efforts of diplomacy have failed.

© Newsmax. All rights reserved.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink

PLEASE NOTE: All information presented on Newsmax.com is for informational purposes only. It is not specific medical advice for any individual. All answers to reader questions are provided for informational purposes only. All information presented on our websites should not be construed as medical consultation or instruction. You should take no action solely on the basis of this publication’s contents. Readers are advised to consult a health professional about any issue regarding their health and well-being. While the information found on our websites is believed to be sensible and accurate based on the author’s best judgment, readers who fail to seek counsel from appropriate health professionals assume risk of any potential ill effects. The opinions expressed in Newsmaxhealth.com and Newsmax.com do not necessarily reflect those of Newsmax Media. Please note that this advice is generic and not specific to any individual. You should consult with your doctor before undertaking any medical or nutritional course of action.

Keeping you up to speed on Lifestyle, health, and money-saving tips
 
 
Get me on Fast Features
Keeping you up to speed on Lifestyle, health, and money-saving tips
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Follow Newsmax
Top Stories

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved