Despite the similar names, probate and probate litigation are not the same thing. One describes a common process that most estates need to go through. The other describes what happens when a conflict arises concerning the deceased and how their assets are being handled. Our Washtenaw County probate attorneys can tell you more about what to watch out for and how a good estate plan can make litigation less likely.
So Probate and Probate Litigation Aren’t the Same Process?
No, the probate process allows the estate to settle its affairs. The will is evaluated, debts are paid, and heirs get the assets that were left behind for them. Probate litigation occurs when someone has some kind of problem with how things are playing out. Someone believes that the last wishes of the deceased are not being carried out properly or that someone involved in the process is doing something wrong or improper.
What Kinds of Probate Litigation Are Common?
There are a few common reasons why people engage in probate litigation suits. Common issues include:
- Challenges of the will
- An executor who does not do their duties
- Perceived mismanagement of a trust
- Disputes between people who share a job, like co-fiduciaries or co-executors
Why Does Probate Litigation Usually Occur?
There is no guarantee that the probate process will go smoothly, but there are some risk factors that can make probate litigation more likely. People often sue when:
- The deceased was married multiple times without prenup or postnup agreements
- The executor or fiduciary is bad at communicating with beneficiaries
- There are deep rivalries between children of the diseased
- A child of the deceased is completely absent from the will
- The will of the deceased was rewritten shortly before they passed
Any of the above issues can make a challenge to the will and the probate process more likely.
How Can an Attorney Help?
A lawyer can help you deal with probate litigation. These suits can often be tough to handle yourself because they involve close family members, so allowing a more impartial professional to take the lead can be preferable.
If you are making an estate plan of your own, an attorney can help you with that. Our estate planning lawyers can help you protect your assets and do everything in a legally valid way. This can potentially reduce the chances of conflict breaking out, meaning that your family is less likely to have to address lawsuits.
Contact Our Firm Today
If you have questions about estate plans and what can happen as the court addresses your assets once you have passed away, contact Collis, Griffor & Hendra. We can schedule a consultation and tell you more about what an estate planning lawyer can do for you and what will happen in the event of probate litigation.
