When a loved one passes away, a will is typically used to help avoid potential issues with splitting up the estate between heirs. However, there are times when there may be issues with the will or with how the estate is handled after the death. In these cases, it may be necessary to work with a probate litigation attorney. There are quite a few ways they can help, including the following.
Determine if There are Issues with a Will
Sometimes, there may be trouble determining the validity of a will, figuring out which will was the last one created, or understanding how the assets should be split according to the will. In these cases, it may be necessary to get help from a probate litigation attorney. The attorney can read through the will to determine if it’s legally binding, check to see which will is the most recent one and should be used, or help with any other potential issues with the will.
Help Contest a Will
If someone feels they were left out of the will but should have received part of the deceased’s assets, they may decide to contest the will. Working with an attorney allows them to contest the will and ask for the assets they believe they are entitled to from the estate. They will need to show why they are contesting the will, why the will was done incorrectly, and what they should receive. Depending on the situation, this may end up going to court, so it is recommended to have an attorney experienced in probate litigation.
Defend Against Someone Contesting a Will
The executor of the will may have to defend against someone who decides to contest the will. If someone is left out on purpose and wants to contest it, the executor may need an attorney on their side to help defend against this. The attorney can review the will and any related documents carefully to determine if the will can be contested and how to best defend against it to prevent the assets from going to someone who was not named in the will.
Handle Misconduct From Executors
There are certain things an executor can’t do. If it is discovered the executor has not been handling the estate properly or did not split the assets according to the law and will, they can be accused of misconduct. Those who have not received the assets they were intended to receive by the deceased may accuse the executor of misconduct. It may be necessary to go to court to have the executor removed and to unwind transactions to return the assets to the rightful heir.
Represent Clients in Court
If a case does end up going to court, having a lawyer is important to make sure deadlines are followed, the process is understood, and there is evidence to build and present the case. Having a lawyer to represent them gives the person the edge they need to have a better chance of getting the outcome they desire.
Though it’s supposed to be easy to split assets between heirs if there is a will, there is actually a lot that can go wrong. When something does go wrong, it’s important to have someone to turn to for help. If you’re worried about any part of the will or how the assets will be split after the death of a loved one, talk to a probate litigation attorney today.
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