If problems arise and are not settled quickly, they can turn into complicated probate litigation resulting in a reduction of assets and delays in the final settlement of the estate. Handling all matters related to contested wills, trusts, & probate litigation. An estate planning lawyer can file the claim on your behalf, but it isn't required. If you qualify to contest the will of a loved one, we are ready to help.
Our lawyer for contested wills at Slater & Zurz will fight to make sure your interests are preserved and work hard for a timely resolution of your case. That's simplified answer to a very complex issue. There is more than one version of a will, and there is good reason to question the validity of the most recent one. In either case, the holder of the policy or account owner can name specific beneficiaries to receive the funds immediately after they pass away. Claims of undue influence. A living trust is one that is formed when the owner of the property and/or assets is still alive. At Guest and Gray, we offer free consultations and can help you decide if you are in a situation where you should contest a loved ones will, although a difficult decision to make, we are here to help. Lawyer Up with Barrera Sanchez and Associates. A last will and testament is a document stating a deceased person's wishes after they're dead. Fraud occurs when someone makes a significant misrepresentation to the person creating the Will or Trust in order to benefit.
Types of Probate in Colorado. Compensation from these assets can only be sought through a District Court proceeding. Geoff assists with contested estates and probate litigation in San Marcos, Kendall County, Laredo, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, New Braunfels, San Antonio, Boerne, Blanco County, Kerrville, Bexar County, Seguin, Frio County, Hondo, and Del Rio. From our Orland Park office we offer initial consultations and serve clients throughout Cook County and Will County, Illinois. These disputes often occur when one isn't listed as a beneficiary in a will or receives less or something different from what he/she/they were expecting. If you're involved in a probate dispute or have concerns about a recently deceased loved one's estate, a credible San Diego probate and trust litigation attorney can help. My husband and I hired DWD to do our Last Will and Testament. Paying the decedent's debts and taxes. We understand the needs of our clients, friends, and neighbors—whatever they may be! The grounds for contesting a will are laid in the Texas Estates Code, there are statutory and non-statutory atutory Grounds. Informal probate – Informal probate is used when the deceased individual died with an uncontested will or if there is no will, as long as the intestacy is clear. Unlike the administrator, who follows the laws of intestacy, the executor's job it is to carry out the terms of the will. Fraud — Heirs may contest a will if they suspect the testator was the victim of intentional misrepresentation or fraud.
Grounds for estate litigation may arise when heirs disagree over who has authority to act as executor/administrator, or when the executor/administrator makes a controversial decision regarding the deceased's assets or debts. They should also check that the will does not contain a "no-contest" clause. We know that families are ready to move on with their lives, and lengthy, difficult Probate proceedings benefit no one. Even before a will is filed in probate, you can make important moves that will help guarantee you receive what you deserve, such as consulting with an attorney familiar with probate law and procedure. With Barrera and Associates we can help provide you with the right steps forward to defending your loved one's will.
Also, the general time frame and rules governing these types of procedures will vary depending on the laws of a state. Challenging a will's validity can be difficult although several objections exist for a potential plaintiff. The petition should specify why the trust is being challenged and what the probate court should do to grant relief to the petitioner. After someone files a petition to contest a will, the probate court selects a date to schedule a hearing. Probate litigation happens when the fiduciary acting on behalf of an estate fails to comply with the decedent's instructions or obligations under state laws. A., can make sure that those you love are provided for when you are no longer here to do so. Any creditors of the deceased must be given a chance to collect what money they are owed. Allegations of fraud. There are many requirements in place, including a variety of documents that representatives will need to submit to the Colorado probate court if they want to be able to administer Colorado real estate. Intended to enforce the wishes of an individual once they have passed, wills are legally binding documents that enforce how testators' assets are distributed.
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