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What is Probate Litigation?
Jenkins Law Firm > Probate

The death of a relative can be a trying and challenging time for everyone involved. In addition to the emotional distress experienced by the surviving family, there is the matter of dividing the deceased’s material wealth and settling any debts he or she may have had. The term for this legal process is probate litigation.

What is Probate Litigation?

While much of probate litigation involves settling disputes over the estate of the deceased and his or her will, the complete definition is broader than that. Probate litigation is a type of civil litigation that involves legal disputes including issues linked to aging, disability, and dying. In addition to settling disputes over the will probate litigation encompasses issues involving patient advocates, conservatorships, guardianships, and powers of attorney.

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Types of Probate Litigation

Contesting a Will or Trust – There are many reasons to contest a will. Here are some examples:

  • Undue Influence: The will was written or induced under threat or coercion
  • Mistake in Execution: There are certain laws that must be followed in the execution of a will. If these are not followed the will can be contested.
  • Lack of Mental Capacity: Unfortunately, later in life many people develop some variety of mental illness. If deemed unfit -unable to understand the nature of the will and its significance- the will is invalid
  • Accounting: All beneficiaries have a right to an inventory of the deceased estate; if an accounting of the estate has been performed and found unsatisfactory, it may be challenged by the beneficiary.
  • Determination of Heirs: The case of estranged children who haven’t had much contact with the will-writer or a lack of will altogether, it is the court’s responsibility to determine the heirs of the estate.
  • Will Construction: Sometimes a will is unclear in its wording or is not specific enough and uses vague wording; the will could also not include the whole estate of the deceased.

Why Jenkins Law Firm?

No one wants to have to deal with disputes over deceased relatives’ estates, but sometimes there is no other option. At Jenkins Law Firm we strive to make this process as easy and painless as possible. We take care to be understanding and empathetic through this often difficult time in our clients’ lives while still delivering a top quality legal service at affordable rates. We are a Christian law firm and as such, we make every effort to operate in integrity and treat our clients just like we would treat a loved one. If you have any questions you can read our FAQ, see what our clients are saying about us, check out our wide range of legal services, and give us a call now to get your questions answered immediately.

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