If you’re reading this article, you may be facing a probate dispute. It can be frustrating to find yourself in the middle of these types of legal battles. However, with the help of an experienced probate attorney, you may be able to make sense of your situation and get back on track.
When it comes to family law, probate disputes are fairly common. We know that your loved one’s wishes are important to follow through with. But when there are different wills or trusts in place, disagreements about what they want can arise. Let’s take a look at common probate disputes that attorneys can help resolve for you.
Please note that it’s important for you to get legal help before making a decision about how your estate is going to be handled. An experienced probate attorney can help you understand your family’s situation and find solutions that will work best for everyone involved.
Some common probate disputes that attorneys assist with include:
- Probate Litigation
- Disputes Over the Will or Trust
- Disputes about Who the Executor Should Be
- Disputes about How to Distribute Assets
Let’s take a closer look at each of these disputes, so you can see why it’s so important to have a trusted probate attorney representing you.
Any time someone disputes a will or trust, probate litigation ensues. When this happens, it’s important to have an experienced probate attorney assisting you with the legal proceedings.
There are many forms that probate litigation can take, and it requires legal counsel to help you navigate and make sense of it all. At Doane & Doane, we provide the representation you need to ensure a favorable outcome in probate litigation.
Let’s discuss some other scenarios where a probate attorney can assist you in probate disputes.
Disputes Over the Will or Trust
When there are two or more wills, trusts, or other legal documents in place, you need to make sure that your loved one’s wishes get honored. If there is a conflict of will when it comes to certain matters, such as who should have custody of an adopted child or how property should be divided, then you may have a probate dispute on your hands.
The good news is that the will itself isn’t the issue here. It’s about whether you can legally change those specific terms in your will and trust. When different wills exist for different people (or even the same person), it can create a lot of confusion and make things more difficult for everyone involved.
For example, if you have two trusts set up for an adult son, but one said he wanted $20 million while the other said he only wanted $10 million in cash, then that could be problematic if someone tries to enforce what they believe is their right. In fact, if you don’t follow through with all of your agreements and directives in those trusts, then it might be possible to get those disputes resolved through mediation instead of having a probate case brought against you by a lawyer.
Disputes about Who the Executor Should Be
If your loved one has a will and you want to be the executor, it’s important that you follow the terms of that will. It’s not uncommon for family members to disagree with the person named the executor. If you have any questions about these issues, don’t hesitate to speak with a probate attorney.
Your loved one might also leave behind different types of property or trust funds. In some cases, there may even be multiple wills. Knowing which ones should be followed up with can help avoid disputes later on down the road, although properly handling the estate can’t guarantee that there won’t be disputes.
Disputes about How to Distribute Assets
A frequent cause of probate disputes is whether or not to distribute the assets. Sometimes there’s a will, and sometimes there isn’t. How do you decide who gets what? You could try to figure out each person’s wishes through a system of law that determines who gets what. That can get complicated, and sometimes it doesn’t work out correctly.
If you’re involved in a conflict over how to divide assets, you should consider consulting with a probate attorney. A lawyer can help you evaluate which method would be the fairest way to distribute your loved one’s estate. And they can help you in deciding whether or not your particular situation is worth pursuing a probate dispute.
Call Doane & Doane for Help Resolving Probate Disputes
It’s understandable if you feel overwhelmed with probate disputes. These can be challenging waters to navigate, which is why it’s so important to have an experienced probate attorney in your corner. When you call Doane & Doane for probate disputes, you can trust that you’re getting expert legal counsel and representation in Southeast Florida. To schedule a consultation to discuss your concerns, contact us at 561-656-0200. You may also fill out our online contact form to get started.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.