PROBATE LITIGATION
PROBATE LITIGATION
Ensuring the Proper Distributions to the Right Beneficiaries
If you have recently lost someone close to you, you may have heard of the word “probate.” While you may be unfamiliar with the process of probate and probate litigation, probate is simply the official proving of a will. If someone has a valid will when they pass away, then probate litigation is usually not necessary. However, sometimes the court must “probate a will,” which is simply the process of the court validating the will and distributing the decedent’s properties and assets as outlined in their will.
The probate process can become more complicated if someone decides to contest the validity of the will or if the decedent dies intestate. If someone dies intestate, it means that they died without having left a will. This is one of the more common reasons probate litigation is necessary. The probate process begins before the passing of the decedent. It begins with the drafting of a will that expresses the wishes of the decedent.
What Can Result in a Will Being Contested?
Just because the decedent has a valid will when they pass does not mean it is the final word. Things can happen that may change what the decedent would have wanted, either before they passed or after their passing.
Marriage can be one of the biggest factors that can lead to probate litigation. Perhaps the decedent was in the process of divorcing their spouse, but they passed before being able to update their will, and the divorce was set to be finalized after the date of their death. It would be understandable for the family of the decedent to challenge the will and request the assistance of a probate court.
Likewise, perhaps the decedent was recently engaged to be married, and they failed to update their will to include their present spouse. Their spouse would obviously be inclined to be included in their loved one’s will, and it would be understandable for them to initiate the probate litigation process.
An instance where the decedent’s family members may have a probate dispute would be if they suspected fraud. They may believe there to be undue influence. They may believe the decedent was led to alter the distribution of their estate and assets to people other than their families or intended heirs. This is most often the case when someone with nefarious motives attempts to manipulate a vulnerable person. The vulnerability can be a result of age, health, mental health, or education level.
Disputes may arise if the decedent has children they failed to provide for. Children from a prior marriage and children born after the death of the decedent must be represented in the will of the decedent. Failing to make provisions for these children can result in probate disputes and probate litigation.
How Do You Start the Probate Process?
If your loved one died intestate, or you would like to challenge their will, whether that reason is listed above or you have another reason to believe the decedent would want their estate distributed differently, then you should act immediately.
In Connecticut, you have 30 days from the death of the decedent to file the will and petition a probate of will. The petition must include the names and addresses of all heirs and beneficiaries. The petitioner must also send copies of the petition and will to each person listed in the petition. These notifications must be certified by the petitioner.
This will begin the probate process. This can result in a hearing, giving the decedent’s family the opportunity to ask questions and state their positions. If the family agrees on the validity of the complaint, the court will work with them to administer the funds.
Do You Need a Probate Attorney?
If the probate process is uncontested by you, the decedent’s heirs, and beneficiaries, then you can likely go through the entire procedure without needing an attorney. That’s not to say a lawyer can’t look over the will to ensure that everything appears to be legit.
If you would like to petition a probate court to assist with the division of assets, then it is best to speak with a probate attorney as soon as possible. Experienced probate litigation attorneys can ensure that you receive what the decedent would have intended for you to receive after their passing.
Working with probate attorneys can help ensure you are filling out and filing the proper documentation in a way that is up to probate court standards. They can help you find out all of the necessary information, and in the case of a contested will, they will fight by your side. Skilled probate attorneys are fearless of trial.
A probate attorney can help with more than a contested will. If you want to ensure that your will is executed the way you intended and leaves nothing to chance or speculation, then probate litigation attorneys can help make sure your will is watertight. Probate lawyers can assist with the administration of trust fund assets and guardianship disputes. If you are the executor of someone’s will, you may employ a probate lawyer to help make sure you are following the wishes of the will as well as the rule of law when executing the will.
Call (203) 446-4725 to speak with the Legacy Law Partners, PLLC team. The compassionate attorneys at Legacy Law Partners, PLLC, have been helping clients achieve results that are fair and just. Do not depend on the “good nature” of others when it means the wishes of your loved ones are being ignored after they pass.
