Menu Contact Law Office of Jeffrey B. Pape, P.C.
Contact a Lawyer

Has a loved one's will presented reason for probate litigation?

Courtroom litigation can cover many different areas of law. For you, the area of concern that you may feel warrants legal action may involve the estate of a recently deceased loved one. Though you may have hoped that the wishes presented in your family member's estate plan would prevent any serious issues from affecting the closing of the estate, certain aspects of the process may have caused concern.

In many cases, issues with a person's will, other estate planning documents or the executors handling of estate duties results in legal action. Families who cannot easily overcome disputes may end up facing drawn-out litigation for a variety of reasons.

Reasons for probate litigation

Though the probate process helps to ensure that the executor and surviving family follow the deceased's wishes, litigation can also occur during this process. When legal conflicts take place, the probate proceedings cannot come to an end until resolutions to the disputes come about and the remaining necessary probate issues have been addressed.

Potential reasons that an individual or multiple individuals may choose to contest a will include:

  • Suspected undue influence over the terms of the will
  • Guardianship and conservatorship disagreements
  • Failure to carry out fiduciary duties
  • Conflict over who should act as executor or personal representative
  • Feelings that one or multiple parties have not disclosed all necessary information regarding the estate

Of course, the specific reason behind your dispute will depend heavily on the particular circumstances of your situation and the details of your loved one's will. As a result, your case will differ from others, and you may wish to gain more information in hopes of better understanding what to potentially expect from probate litigation.

Handling issues

The loss of a loved one can leave you feeling especially vulnerable as you attempt to work through your grief, and though you may hope that the reading of the will and other estate documents will bring you some sort of comfort, you may only find yourself feeling even more distraught if you suspect wrongdoing. Luckily, you can take legal action to address your concerns.

Consulting with a California attorney at a smaller law firm may allow you to gain the attention and information you desire and deserve during such a difficult time. Therefore, you may wish to organize your thoughts and relevant information that can help express your concerns and determine what questions regarding your options you want to have answered.

No Comments

Leave a comment
Comment Information
email us for a response
Review Us
Map Location Image

Law Office of Jeffrey B. Pape, P.C.
642 Pollasky Avenue
Suite 100
Clovis, CA 93612

Toll Free: 800-797-5677
Fax: 559-299-0920
Map & Directions