Why Probate Attorneys Also Need To Be Litigation Specialists

In an ideal world, when someone you're keen on passes away, their will and estate goes through your probate process smoothly, but this isn't the real entire world. In many cases, lawyers wind up having to handle disputes in court because you will find there's problem with the documents or because someone contests the validity in the filing. Being familiar with case law and the various legal precedents from court is essential when a litigation attorney has to address the estate, trust or guardianship disputes.

Contesting A Will certainly In Court

If a relative or loved one dead with a valid will in place, probate attorneys are designed for court filings relatively quickly, but if the document isn't really valid or someone contests it, a litigation attorney ought to be brought in to handle the case. He or she ought to determine whether the document was signed and witnessed suitably, whether the executor is properly qualified to handle a variety of duties of being an executor or whether someone was neglected in error. There are several common reasons for contesting the estate, including two different wills being presented to your court, allegations of fraud - including a document that's signed under duress - and other questions about the validity in the document. In any of these cases, you should consult a litigation attorney who is experienced in handling these types of situations in court.

Trust Problems Probate Attorneys Need To Address

If a trust was created prior to an individual's death that clearly addresses which will get the funds after an individual passes away, it's really a wonderful way to protect the assets of an house. Unfortunately, attorneys often have deal with trusts that either just weren't properly prepared or that are no longer valid for many reasons. For instance, the deceased person may have created a document that stipulates that the assets check out a particular heir who has since passed away. If the trust doesn't address this challenge, a litigation attorney may be hired by any amount of heirs who feel they have a right to the proceeds of these trust. The administrator of a trust can also be legally challenged if anyone can prove that this administrator has abused or defrauded the trust.

Guardianship Issues

Probate attorneys sometimes have to address guardianship issues if minor children are forgotten by the death of their parents. If guardianship was addressed inside estate planning, things usually go smoothly, but in a number of cases, a court battle is unavoidable if more than one person steps forward to assume guardianship of the children. In such cases, a litigation lawyer should be brought in to handle true and help the appropriate individuals gain guardianship of them. Common reasons to dispute guardianship include a will that may be several years old, the omission of one or additional minor children, or the incapacity of the newly equipped guardian.

Administration Probate on the miami dade probate process is necessary for identifying and gathering the probate assets of an individual who has died, commonly referred to as the decedent. The miami dade probate court process ensures that claims of the decedent's creditors, expenses of administration and appropriate taxes are properly paid or addressed. Probate also serves as the process of distributing assets from the decedent's individual name to the proper beneficiary.

For more information about the probate administration & litigation, please visit details on miami dade civil probate

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