When a loved one passes away, disputes among the family members can arise. These disputes can cause serious divisions and disruptions. The common types of issues that often arise are the following:
- Does the last will and testament of the deceased person reflect his or her true intention?
- Is the proper person serving as the executor or administrator of the estate?
- Should property be sold or should it be divided?
- How should property be sold?
- How are things valued?
However, these are not the only issues that can arise. The list goes on and on. When there is a legal dispute, there may be a need for litigation.
What is probate litigation?
When it comes to these types of disputes, you may have to go through the probate litigation process. Probate litigation is the process of challenging the provision of a last will and testament or a codicil to a will. It can include contested guardianships, business succession disputes, title disputes, and breaches of fiduciary duty.
Probate and the administration of an estate is not always a straightforward or simple process, and if you’re caught up in a dispute over the contents of a will or in how the estate is being administered, then it makes sense to hire smart, sound, and experienced probate attorneys to help you protect your interests and assist you in reaching a fair resolution.
Oftentimes, disputes arise among family members as to how assets are valued for purposes of distribution. It is important to have a trusted probate attorney to guide you through the process of valuation of property, filing inventories with the probate court, and ultimately making a fair division of assets in accordance with probate law or the last will and testament.
What if there is a trust?
Oftentimes, a similar situation can occur with a trust or living trust. While a well-crafted trust can ease the distribution of assets to the intended beneficiaries, disputes can arise as to whether the trust was the true intention of the deceased person or whether it was subject to the undue influence of one of the beneficiaries. A trust can help avoid probate altogether, but oftentimes the same disputes that arise in the probate court can occur with a living trust, revocable trust, or even irrevocable trusts.
What if I live in another state?
In addition to assisting Huntsville clients as well as clients throughout the state of Alabama, we at Martinson & Beason, P.C. help out-of-state clients resolve probate matters and probate litigation while minimizing our clients need to travel to return to Alabama. We use our developed technology to ensure that our clients have the opportunity to lead their normal life even while they go through the difficult transition of losing a loved one and, perhaps, dealing with an internal family dispute.
What types of probate cases do you handle?
Some of the issues that we assist our clients with include:
- Will or trust contests
- Will construction or trust reformation cases
- Disputes among heirs in intestate estates
- Problems concerning the performance of the executor or administrator of the estate
- Resolving family disagreements about the mental capacity or competence of a parent
- Disputes among family members with the decisions made using a power of attorney
- Disputes concerning joint ownership of assets
- Ownership interest in business and partnerships owned by a deceased person
Attorneys You Can Trust
If a loved one passes away and you are either an heir, a beneficiary, named in the will, or you are the nominated executor, it is extremely important that you consult with an attorney before personal belongings and bank account balances are distributed or divided. You need representation to ensure that the property of your loved one passes as intended and in accordance with the law.
At Martinson & Beason, P.C., we have a team of attorneys with decades of experience in representing clients in the litigation of probate matters. We have the technology to represent you wherever you may be and minimize costs and time associated with travel, depositions, and trial matters.