What Is Meant By Probate Litigation?
Probate litigation means that you are a party to some sort of dispute regarding an estate or the assets of someone who is incapacitated or has recently passed away. The assets can be held in a trust, be part of a probate case in court, or be part of a guardianship case in court. The dispute could even be regarding how someone is managing another person’s assets using a power of attorney. All of the issues that could come up with respect to the handling of assets of an incapacitated, disabled, or deceased person fall under probate litigation.
What Are Some High-Risk Factors For Probate Litigation To Occur?
For someone who is looking to be proactive in setting up their estate to prevent disputes, there are a few high-risk factors to keep in mind. The leading cause of estate litigation and probate litigation is the existence of a second marriage where there are adult children not of that marriage. There is often a conflict between a surviving spouse and the adult children of a deceased spouse because the surviving spouse feels like he or she needs the deceased spouse’s assets to help sustain the quality of life. The adult children, on the other hand, feel that since it is their parent, they should receive the inheritance.
Issues with the second marriage (or more) can also arise if the surviving spouse receives all of the assets without restriction, meaning the surviving spouse can disinherit the adult children of the spouse who passed away. Anyone who has gotten remarried with adult children should take great care with their estate planning and make sure that they and their spouse are on the same page with respect to how the assets are to be managed. You cannot let your hopes of everyone behaving stop you from planning. You need a plan in writing that is enforceable by both the adult children and the surviving spouse.
The second most common scenario in which estate fights and probate litigation arise are when there are disputes between siblings, half-siblings, step-siblings, and adopted siblings. When it comes to money, if a particular sibling feels like he or she was short-changed, there will be definite hurt feelings. Those hurt feelings can lead to a trip to a probate litigation attorney to figure out how to go after the estate to get his or her equal share. If you have children who are achievers versus children who are needier, the concept of getting a fair share commonly causes strife between the siblings.
Another high-risk factor for estate dispute is not implementing your plan correctly. Estate disputes occur when your account is not set up to be consistent with your estate planning document, such as a will or a trust. Even if the documents say one thing, the legal effect of how everything was set up can yield a different result. When there is a different result than what everyone feels was intended, it can lead to probate litigation.
The final factor for high-risk probate litigation is when there are family disputes regarding the care of a sick or aging elderly parent, who may not have all of his or her faculties. Sometimes, the caregiver resents the other siblings for not having contributed towards care and feels like he or she is entitled to a greater share of the estate. Other times, people who are not active caregiver, may disagree with the care being provided.
How Does Probate Litigation Affect The Probate Process?
If you are coming to a probate attorney to gain the assets of a deceased person that you are not able to get ownership, title and possession of, you will need to go to probate court. When everyone gets along, on the other hand, it is like a real estate transaction. You just have to make sure everyone is on top of all the necessary steps and everyone is communicated with, and everything works out fine. That results in a standard probate and usually keeps everyone happy, keeps the legal costs down, and allows the family to get the money and the beneficial share sooner.
If there is a probate litigation or estate dispute, then that dispute must be resolved before any of the estate gets distributed to the proper beneficiary. Therefore, it can significantly delay the final distribution and can greatly increase the costs related to settling the estate.
For more information on Probate Litigation In The State Of Florida, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
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