Dealing with the death of a loved one is tough enough. However, these situations can often lead to legal battles. These situations can be rather unfortunate, but in order to put a halt to people close to someone who has passed away being unfairly treated, litigation during the probate process may be necessary. Before a person decides to hire a probate litigation lawyer in Williamsport, MD, it’s important to understand what a probate litigation lawyer does.
To understand this, it’s important to go back to the probate process. After a person has passed away, if they have any remaining tax issues or debt and if they have a will in which their beneficiaries receive gifts and other assets, a person’s estate will go to probate. The estate is valued, taxes are assessed, debt is repaid and then a decedent’s last will and testament will be enacted.
While there is very little to litigate in terms of the value of the estate and any debts or taxes that may be due, the main issue that a probate litigation lawyer in Williamsport, MD will focus on is contesting a last will and testament. There are times where opportunistic siblings, children or recently married spouses will try to undercut long-standing family and friends with undue coercion to change a person’s will to be more in their favor. There are also issues where litigation may be necessary if it is perceived that the executor of a person’s estate has not been doing the job properly and fairly. Litigation can also commence if one particular beneficiary is overly favored over other beneficiaries in a last will and testament.
Probate litigation can be a nasty business, which is why it’s important to speak with an attorney like Bonnie A. Winders before any decisions are made. A person may not have much time in which to hire an attorney for probate litigation, but it’s still important to carefully consider all the options. As regrettable as it can be and as divisive as probate litigation can become, in situations where coercion, abuse of power, or an exclusionary last will and testament’s are at hand, probate litigation may be the only viable solution.