Ensuring the Correct Outcomes
There are a number of types of probate litigation but in general it can be broken into two broad categories: probate litigation that occurs after someone has died, and litigation while the subject is still alive.
Post-Mortem Litigation
The most common subjects of post-mortem litigation are wills and trusts. Since these documents usually only trigger upon the death of an individual, litigation challenging these entities often occurs after the creator has passed away.
Wills can have their validity challenged. This may occur because the will was written while the individual is not in a sound state of mind or was coerced. Additionally, the interpretation or construction of a will can also become the subject of probate litigation.
Probate litigation focusing on trusts can also focus on the interpretation of the trust’s language or construction. Additionally, probate litigation may also be brought to dissolve a trust whose purpose has been determined to be impractical.
Living Litigation
Probate litigation that focuses on an individual who is still alive often centers on what to do with the individual when they are incapacitated. This incapacitation can be physical, such as a coma, or it can be mental, such as in the case of dementia.
Probate lawsuits over a physically incapacitated person will deal with the individual’s living will. A living will states the wishes of the individual in the event that they are unable to advocate for themselves. If the living will is not being followed, a probate case may need to be made. For a mentally incapacitated individual, the probate litigation usually focuses on guardianship. Probate litigation can be brought over the appointment of a guardian or conservator, or it may be brought over the conduct of the guardian.
Some probate litigation also focuses on trusts before they go into effect. One example would be bringing a lawsuit against a fiduciary who is failing to fulfill their responsibilities. Another reason to bring probate litigation would be to reform or modify the trust.
Planning For The Future
If you want to file probate litigation to address an issue in the probate system, you will need the help of an experienced Trusts & Estates attorney. A Trusts & Estates attorney can ensure that your life plans are legally enforceable and airtight by utilizing their experience and mastery of the subject matter.
In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.
At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice Trusts & Estates law.
