Perhaps you’ve been told that it’s best to plan ahead in order to avoid probate. Without question, this is wise advice as family members could find themselves tangled in lengthy and costly court proceedings following the death of a loved one. What’s more, these matters are usually highly emotional, and can create division among those that are left behind. Some of the most common probate disputes are explained below.
An experienced estate-planning attorney assists individuals and family members in drafting a will that not only helps fulfill the desires of a loved one at the time of their death, but also helps avoid conflict. Yet, there are cases when a family member disputes a will. For instance, a person may question the age of the will or the mental state of the deceased when the will was written. When this happens, the validity of the will must be proven in probate court in order to bring resolution to the case.
Similarly, a family member might suspect that another loved one influenced a person to make changes to their will. If so, the family member might argue their point in probate court. If the judge is convinced, he or she might invalidate some of the will, or even all of it.
While establishing a will is important, looking over it from time to time is equally so. When estate planning documents are regularly reviewed, assets acquired since the original drafting of the will can be divided accordingly. When it’s unclear on what should happen to certain assets, there is also the potential for several family members (or even debtors) to make a claim for them. This type of dispute will need to go through probate court so that a judge can make a ruling regarding who gets what.
Do Not Leave Your Post-Death Wishes To Chance
As lead attorney at Turner Law, Robert Turner provides expert guidance for family members looking to draft an ironclad will with effective estate planning that will survive any court challenge. With over 25 years of legal experience and an extensive educational background in estate, probate and tax law, Mr. Turner is a trusted estate planning attorney in the Atlanta area.
Do not leave your post-death wishes to chance! Call Turner Law today or fill out the contact form located on this website.
Posted on the behalf of Turner Law, LLC