In an ideal world, when someone you love passes away, their will and estate goes through the probate process smoothly, but this isn't the real world. In many cases, lawyers wind up having to handle disputes in court because there is a problem with the documents or because someone contests the validity of the filing.
Being familiar with case law and the various legal precedents set in court is essential when a litigation attorney has to handle the estate, trust or guardianship disputes. You can search on Google as “qualified wills and probate attorneys near me” and get numerous options. Just check the reviews online and choose the best one for you.
Following are the reasons why it is good to hire probate attorneys with litigation specialization:
Contesting your Will in Court
Probate attorneys can quickly handle court filings if a will is in place. However, if the document doesn't have validity or someone challenges it, a litigation lawyer may be needed to take over the case. The attorney may be required to verify that the document was properly signed and witnessed, as well as whether the executor has the proper qualifications to perform the many duties of an executor.
Guardianship issues
Sometimes, guardianship is a matter that probate attorneys have to deal with if minor children are left behind after the death of their parents. Although guardianship is usually addressed in estate planning, it can sometimes be a problem if multiple people step forward to take over guardianship.
There are so many complicated issues that arise from the administration of an estate. It's not surprising that probate lawyers may also consult with a litigation attorney to protect the rights and interests of the deceased as well as their heirs.