What Happens in Cases of Probate Disputes?

Aug 06

The term ‘probate’ refers to the legal process where a Will is filed, determined to be valid, and finally carried out. After the Will is drafted and filed at the appropriate court, the probate process continues with the approval and appointment of an executor of the document. This executor is an individual authorized by the court to administer and complete the instructions delineated in the document. This will include distributing assets and properties among those to whom the maker of the Will has bequeathed his or her estate, among other directives.

It is in the distribution of assets and properties among named heirs that probate disputes often happen. Such disputes are typically seen among family members who have different perceptions regarding the proper distribution of the estate bequeathed to them, as well as between children from separate marriages.

According to the website of the Mokaram Law Firm, legal disputes and contentions are usually stem from a variety of issues. The most common are suspicions that the executor is mismanaging the estate or that the Will in question may have been drafted during the time when the testator was mentally unstable. Disputes also come from doubts regarding the legitimacy of the will, often stemming from fear that it might have been forged somehow.

Negotiating the directives of a Will and resolving disputes can quickly become a complicated and tedious process. In some cases, probate disputes can also result in lawsuits that might take a significant amount of time before reaching resolutions. Aside from the emotional stress involved in such litigations, disputers can also be burdened by hefty fees and other financial obligations. As a result, it’s extremely important that instances of probate disputes are resolved with the help of a qualified and experienced lawyer right away. Those in the middle of such a situation should not hesitate to consult with a legal professional for more information.

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