When would someone contest a probate matter?

When there is a death of a loved one, the emotion of that loss can be all-consuming. An already overwhelming time is usually more complicated than being able to wallow in emotions. As people, we leave more than those who love us behind. People leave behind assets. 

The reality of a death is that family and friends are left to figure out what happens to the decedent's estate. Generally, figuring that formal matter out can be straightforward. The most straightforward probate cases begin with the existence of a clear, valid will or other estate plan.

Even if someone leaves behind a clear will, however, there are those cases in which a party or parties left behind might disagree with the points of the estate plan. The disagreement could come from a valid place of truthful concern; sometimes a disagreement could come from a place of suspicious greed.

No matter the root of a probate dispute, such cause of litigation lists at least one of common legal reasons why an estate plan is allegedly invalid. The following is a quick list of those legal arguments:

  • The creator of the estate plan didn't understand what they were doing because of mental limitations such as dementia.
  • The creator of the estate plan left or didn't leave a certain amount of assets to someone due to motivated influence. 
  • The estate plan wasn't created according to legal requirements, making it entirely invalid. 

If you lose someone and run into concerns regarding the validity of the estate plan, matters can get more complicated and emotional quite quickly. Working with an experienced litigation lawyer can protect your interests and the intentions of your loved one.



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