Probate Administration & Litigation

A law firm can provide valuable assistance with probate administration and litigation. Here are some ways in which a law firm can help in these areas:

Probate Administration:

1. Guidance on the probate process: An experienced probate attorney can guide you through the entire probate process, explaining the legal requirements and steps involved.
2. Document preparation: A law firm can help you prepare and file the necessary legal documents, such as the petition for probate, inventory of assets, and accounting statements.
3. Asset identification and valuation: Attorneys can assist in identifying and valuing the assets of the deceased person’s estate, including real estate, investments, bank accounts, and personal property.
4. Creditor claims: A law firm can help in assessing and managing creditor claims against the estate, ensuring that valid claims are paid appropriately and disputing questionable claims.
5. Estate distribution: Lawyers can assist in the fair and proper distribution of the estate assets to beneficiaries or heirs according to the decedent’s will or the laws of intestacy if there is no will.

Probate Litigation:

1. Will contests: If there are disputes regarding the validity of the decedent’s will, a law firm can represent interested parties in will contests and defend or challenge the will’s authenticity or enforceability.
2. Breach of fiduciary duty claims: Attorneys can help beneficiaries or heirs in cases where an executor, administrator, or trustee is suspected of mismanaging estate assets or breaching their fiduciary duties.
3. Guardianship disputes: In situations where conflicts arise over the appointment of a guardian for minors or incapacitated individuals, a law firm can provide legal representation.
4. Undue influence or lack of capacity claims: If there are concerns about the decedent’s mental capacity or allegations of undue influence in creating or amending the will, a law firm can assist in pursuing or defending against such claims.
5. Mediation and negotiation: Lawyers can act as mediators or negotiators to help resolve disputes through alternative dispute resolution methods, reducing the need for lengthy and costly litigation.