Probate dispute attorneys handle all legal matters related to disputes that arise during the probate process. This can involve contested wills, inheritance disagreements, and executor misconduct related to administrative duties and the deceased’s estate.
They also represent their clients in court, ensure their clients’ rights are protected, and negotiate settlements. Probate dispute attorneys differ from general probate lawyers since they concentrate on the disputes that arise during the probate process, including resolving conflicts related to wills and estates. As masters of litigation or negotiation, they fight on behalf of beneficiaries, heirs, and executors.
Table of Contents
- 1 Understanding Probate and the Role of a Probate Attorney
- 2 What Is a Probate Dispute Attorney?
- 3 Common Types of Probate Disputes
- 4 Probate Attorney Key Responsibilities
- 5 When to Hire a Probate Dispute Attorney
- 6 Benefits of Hiring a Probate Dispute Attorney
- 7 How Skyview Law Can Help With Probate Disputes
- 8 FAQs About Probate Dispute Attorneys
Understanding Probate and the Role of a Probate Attorney
There are several questions to ask a probate lawyer. Understanding probate and the role of your probate attorney will help guide you forward through this process, especially if you are dealing with an estate dispute.
Probate Attorney vs. Probate Dispute Attorney
What does a probate attorney do? Probate lawyers help administer estates, their specific tasks determined by the needs of the estate and its heirs. What exactly a probate attorney does depends on whether there is a will or no will, the size of the estate, etc. They may be responsible for securing appraisals, guiding the administration of the estate, gathering all debts of the decedent, and more.
Probate dispute or probate litigation attorneys represent the people who disagree with how a will or estate is being managed. Someone might consult a probate litigation attorney if they feel their inheritance is being mismanaged, if the executor isn’t fulfilling their responsibilities, or if the will itself was written under duress or by an unsound mind. A probate litigation attorney advises their client, files paperwork, and argues their case in court.
What Is a Probate Dispute Attorney?
Probate dispute attorneys specialize in the disputes that arise after a person’s death. They can handle matters including trusts, estates, and will disputes, as well as fiduciary misconduct, contested guardianships, and even conservatorships.
What is probate? These attorneys and litigators ensure that probate matters are resolved fairly. They step in when matters turn contentious, and an experienced probate attorney can mediate, minimize damage, and ensure communication between family members.
Common Types of Probate Disputes
Will Validity
Will contests can arise when the will is illegal, the will’s creator lacked testamentary capacity, or someone influenced the will’s creator. For example, if the testator is quite elderly in the late stages of their life, leading up to their death, and someone close to them convinces them to change something in the will, this can be challenged.
A court can conclude that a will is invalid, and estate distribution is then turned over to the state.
Will Interpretation
When a will is worded ambiguously, this can lead to disagreements between heirs and beneficiaries. Vague language, discrepancies, and contradictions in the will can cause arguments and muddy the distribution of assets.
For example, vaguely worded will provisions, such as words or phrases that could be willfully interpreted in any number of ways, can lead to disputes. “Equal shares” could be interpreted one way, while terms like “family property” can be ill-defined when discussing who the family is.
Asset Distribution Disputes
Beneficiaries can dispute asset distribution if the will fails to address specifics, assets include joint ownership, items contain sentimental value for individuals, heirs disagree over asset value, or certain assets cannot be found.
For example, when families come to distribute and inherit assets, the monetary value of an item might differ significantly from its perceived sentimental value.
Asset Redistribution Disputes
Common state laws require that an estate settle its debts and expenses before inheritance is distributed. Insolvent estates can cause disputes, especially when they carry significant debts.
Debts can reduce the amount of money remaining in an estate, causing issues for beneficiaries. If an estate doesn’t have enough funds for its provisions, heirs might disagree about how the remaining assets are distributed.
Disputes About Executor or Administrator Misconduct
Finally, the estate’s executor can make mistakes or be involved in misconduct that leads to issues for beneficiaries. An estate’s administrator has certain responsibilities, including gathering assets, notifying creditors, paying debts and taxes, and distributing property.
If the administrator does not act in the estate’s best interests, for example, if they misuse funds, incorrectly distribute assets, refuse to pay debts, etc., this can be grounds for legal intervention. Mismanaging assets or not updating beneficiaries are circumstances in which the heirs can ask the court to either compel them or replace them.
Probate Attorney Key Responsibilities
Assisting the Executor or Administrator
Probate lawyers will help guide the executor or administrator through their duties, which can include valuing assets, notifying heirs, paying debts and taxes, and distributing remaining assets.
Identifying and Valuing Estate Assets
Your probate lawyer can help locate and inventory the estate’s assets. This can include real estate, bank accounts, personal property, and investments. The attorney can assist in determining asset value, necessary for tax purposes, and distributing assets to beneficiaries.
Preparing and Filing Legal Documents
There is a significant amount of paperwork involved with probate, and it can be more than a busy individual can handle. Petitions, inventories, and accountings all must be filed, and a probate attorney can prepare and file these documents with the court.
Representing the Estate in Court
Some probate matters eventually end up in court. A probate lawyer can offer important representation, advocating for the estate and its beneficiaries.
Communicating with Beneficiaries and Creditors
A probate lawyer keeps beneficiaries informed about the status of the estate. This includes important developments for heirs and creditors, ensuring that all debts are paid and improper claims are disputed.
When to Hire a Probate Dispute Attorney
Certain situations that require the expertise of a probate dispute attorney.
When the estate includes a business, this can alter the legal process. Businesses require appraisal, management, or sale. They can be as complicated to deal with as homes or cars, and it’s a good idea to have representation before making decisions on these large-figure items. You need to know the important details, such as how much does a probate lawyer cost?
Disputes among relatives are never an easy situation, and any additional emotional stress can be draining. Upset relatives may file lawsuits, and a probate lawyer can help you avoid court costs and unfortunate legal situations.
Taxes owed on an estate can be complicated, and since tax laws vary by state, you should never attempt to handle estate tax returns on your own. This is especially true if you have to pay off creditors, and the estate doesn’t have the means to pay its debts.
A probate dispute attorney brings clarity, efficiency, and peace of mind to this situation.
Benefits of Hiring a Probate Dispute Attorney
There are many advantages of hiring a probate dispute attorney to litigate estate conflicts. Protecting legal rights, navigating complex probate laws, resolving disputes, and ensuring a fair distribution of assets are all key benefits.
Probate Dispute Attorneys can handle many challenges, including:
- Navigating Probate Law
- Managing Family Disputes
- Challenging or Defending a Will
- Protecting the Executor and Heirs
- Handling Complex Legal Issues
- Avoiding Delays and Minimizing Costs
- Providing Peace of Mind
- Ensuring the Decedent’s Wishes are Honored
How Skyview Law Can Help With Probate Disputes
You need proper legal representation and a great probate dispute attorney. You need Skyview Law.
Skyview Law’s experience and dedication in handling probate disputes are marked by professionalism, experience, and compassion. The team at Skyview Law oversees cases with a personalized approach, has extensive knowledge of Washington State probate laws, and a proven track record in resolving estate conflicts and escalating issues among estates and beneficiaries.
Contact Skyview Law today for a FREE Consultation to see if their probate dispute attorneys are right for you.
FAQs About Probate Dispute Attorneys
What will each step of probate look like for my specific situation?
The probate process is sadly not clear-cut, but you can use the first meeting with your prospective attorney as a guide for the proceedings. Does your attorney have a clear roadmap, with detailed steps about how to tackle each issue you’ve presented? Their answers should give you a strong idea of their approach, especially if you have a unique situation or complicated estate.
How long does the probate process take in Washington state?
It’s different state by state, and there’s no set answer for how long probate can take. An experienced attorney can give you a time estimate, especially if you live in a state where there are expedited processes. In Washington State, for example, the probate process can take from 6-9 months, and can take longer if complications arise within the estate.
Do you foresee any issues with this probate process?
The probate process comes with unexpected twists and turns. Be prepared for complications to arise, and ask your attorney if they foresee any legal challenges.
How can I reduce potential conflict among beneficiaries?
It’s not uncommon for loved ones to question the decisions and process of an executor. Your attorney can help you handle disagreements among family members and heirs, and they can also advocate for your needs if someone tries to take you to probate court.
