The Probate Litigation Process

When an individual dies, their property will either be divided according to what the decedent has stated in their will or will be dispersed according to state law. There are some instances in which a will, a trust, or an estate plan does not provide concise instructions or is subject to scrutiny. In these types of instances, a probate litigation attorney may need to be retained.

A Probate Attorney Versus a Probate Litigation Attorney

A probate attorney's responsibilities involve preparing a client's final wishes and reviewing documents that pertain to a client's assets. A probate attorney will consult with living family members, caregivers, trustees, beneficiaries, and anyone else who has been formally named in a will or on trust documents. A probate attorney will open a deceased person's estate and will delegate how the property will be divided.

A probate litigation attorney is familiar with the probate laws in the region where they practice. This type of attorney is typically hired as a trial attorney. Their services are usually sought when there is a discrepancy or dispute that pertains to a decedent's final wishes. An individual may wrongfully take property that does not belong to them or there may be some uncertainties as to who is supposed to inherit an item, based upon the wording that was added to a will or trust documents.

In either of these situations, a probate litigation attorney can assist a surviving family member or the executor of a will or trust. They will review the decedent's final wishes and will represent the person who hired them. A litigation attorney will usually need to attend one or more court hearings on the behalf of their client. 

The Client's Responsibilities

A litigation attorney should be hired within the region where the recently deceased passed. This will ensure that the attorney will be up to date on any laws that pertain to the legal matter. If a deceased relative resided in another state, an individual may wish to use the services of a legal referral agency. The agency will match an individual with lawyers who specialize in probate law.

An individual who retains a litigation attorney will be interviewed. During this meeting, they will need to divulge information about the discrepancy or dispute that is related to the decedent's last wishes. A probate litigation attorney will examine documents that pertain to the legal matter. A client may need to attend the court hearings that their attorney schedules.