Probate is a legal process that a court will use to decide the distribution of a person’s estate.
The process begins when an executor or administrator files a petition in court to have the will probated. The estate is then administered by an executor or administrator who is appointed by the court. If there are no objections, the executor or administrator distributes assets according to instructions in the will.
Probate litigation is the process of resolving disputes over the distribution of a deceased person’s estate. Disputes can arise over the provision of the Last Will and Testament, what should happen with certain property, how debts should be paid, how expenses should be handled, breach of fiduciary duties, and claims that an executor has mishandled an estate.
When Do I Need to Hire a Probate Litigation Attorney?
If you have been appointed as executor of someone’s estate, you may need to hire a probate litigation attorney to help with the process. You should also hire one if you are named in a will and there is a dispute about the will or its validity.
The facts of each dispute will define the exact cause of action. Whatever the dispute is, you will need a probate litigation attorney to fight for and protect your inheritance. They can provide legal representation in contested trusts or wills.
If you are the executor of the estate, you will have to deal with a lot of legal issues. You may have to prove that the person who made the will was not mentally sound when they wrote it, or that they were coerced into signing it.
Winton Law El Paso P.C. can advise you in all matters of the probate process. Call and set an appointment.
Winton Law El Paso P.C.
1533 N. Lee Trevino Suite 201
El Paso, TX 79936
Hours: Monday – Friday 8:00AM to 5:00PM by appointment only
Disclaimer: Every effort has been made to ensure the accuracy of this article at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ, and the law may have changed since publication. Readers considering legal services should consult with an experienced lawyer to understand current laws and how they may affect your case.