When someone leaves a will, they expect it to be administered and authenticated according to their wishes, a process known as probate. If any of their wishes is violated, someone could challenge the will. However, it's good to note that contesting a will without professional help is usually arduous. The disputes involved require adequate legal intervention because they are usually sensitive. So you need to hire a probate litigation lawyer to help handle the probate process, or else you may lose the case. But when should you likely expect the probate litigation lawyers to intervene? Keep reading!
When Contesting a Testament or Will
Challenging the validity of a will isn't a simple matter. In fact, you need indisputable proof to challenge it in court. However, it's usually a more manageable process when you have a probate litigation lawyer to help you. They know how best they could navigate the probate process and prove to the jury that you have enough reasons to challenge it. Most people challenge a will or testament if they believe that the deceased was not in good mental capacity when writing the will. They also do it when they suspect the deceased was forced to write the will or wrote it under undue pressure. If some legal procedures were overlooked, you could also challenge the will in court. However, it takes a seasoned probate litigation lawyer to help you win the case.
When a Second Marriage Is Involved
Disputes could also arise if the deceased had two families and perhaps didn't serve justice to both in their will. One family may feel that the postnup or prenup agreements were somehow compromised. These agreements indicate how the assets or estate would be distributed between the two families. But in case the agreements aren't clear or well specified, the party that feels sidelined could initiate the probate litigation process. The court may rule that a trust be created for the litigant. Nonetheless, the most important thing is ensuring you have a probate litigation lawyer to handle your case.
When Guardianship Issues Arise
Guardianship is critical, mainly when the deceased has minors that need special care. In this case, one looks for a guardian to take care of the minors and ensure they get their rightful share when the right time comes. However, you may face guardianship issues that require you to file for probate litigation. For instance, if a beneficiary becomes mentally incapacitated or disabled, you may want the court to determine who takes over the guardianship role from them. A guardian plays a vital role because they make financial and medical decisions on behalf of the disabled person. However, guardianship issues are not easy to handle without a probate litigation lawyer.
For more information, contact a local law firm like Anthony Barney, Ltd. Attorneys & Counselors At Law.