What is a Probate Litigation Attorney and Why Would You Need One?

Probate is the process by which a will is validated and an estate is administered after someone dies. Although many probate proceedings go off without a hitch, if a will is contested or other disputes arise, probate litigation may be necessary. Whether you are an executor of a will or need to address problems with the administration of an estate, an experienced probate litigation attorney can help you understand the law and protect your interests.

Types of Probate Litigation

Will or Trust Contests

To challenge the validity of a will or trust, you must show that there is a legitimate reason and that you have the standing to do so as an heir or potential beneficiary.

Common reasons for contesting a will include:

Diminished or lack of testamentary capacity – For a will to be valid, the testator (person who signed the will) must be 18 years of age and be of sound mind. This means that they have sufficient mental capacity to understand what property they own and how they want their possessions to be distributed, even if their memory has been impaired by age or disease.

Undue influence –If someone inappropriately influences a testator to draft or amend their will in a way that benefits that person, there may be cause to contest a will for undue influence.

Fraud – When a will or trust is signed by someone who believed they were signing another document with different provisions, it may be considered fraud.

Forgery – Tampering with or the unauthorized signing of a will or trust is a forgery, which is grounds to contest the document.

Errors – Each state has laws dictating how a will or trust must be drafted and signed to be legally valid. For example, if a will is signed without witnesses, signatures are missing, or important text is omitted, it could be considered invalid.

Other Probate and Estate Administration Issues

Some other matters that can lead to probate litigation include estate administrator appointments, executor fee disputes, trustee removals, guardianship disputes, spousal share claims, and requesting a formal accounting of an estate. One way to help your loved ones avoid a lot of these problems is to work with a knowledgeable estate planning attorney when creating a will and estate plan.

How a Probate Litigation Attorney Can Help

Unfortunately, sometimes issues with an estate cannot be avoided. Family disputes can escalate quickly, which is an added stress when you are already grieving the loss of a loved one. A probate litigation attorney can help you keep a cool head, navigate the probate court system, and ensure that all procedural requirements and deadlines are met.

Having a knowledgeable lawyer who understands both beneficiaries’ and estate administrators’ viewpoints is critical. Your probate litigation attorney can help you negotiate disputes and hopefully come to an agreement without going to trial. However, if a reasonable agreement cannot be reached, probate litigation attorneys are experienced trial lawyers who can represent your interests in the courtroom and provide the compassionate legal support you need to get through tough times.

Whether you need to draft a will or are facing probate litigation, our experienced Chester County estate planning attorneys and probate lawyers can help.

This blog was originally posted on https://pa4law.com/what-is-a-probate-litigation-attorney-and-why-would-you-need-one/

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Planning To Hire An Estate Planning Attorney? Here’s What You Should Know

A very important step in creating your estate plan is hiring the estate planning attorney who will work with you. Estate planning is much more complex than simply drawing-up a Will, so you want to be sure you have the help of an attorney experienced in managing more complex estates. As you create the plan, you are likely to confront personal issues, so it’s equally important to have a positive personal rapport with your estate attorney.

Here are some questions to help you sort-out estate planning attorneys:

How much estate planning do you do?

You want to hear that the attorney does a lot of estate planning work because it means the attorney is up-to-date on laws and regulations in this complex area of law.

How long have you practiced this specialty?

An experienced estate planning lawyer will be able to provide strategic guidance for the benefit of you and your heirs. He or she also will have experience with difficult challenges presented by the courts or the IRS.

Who executes the plan?

Attorneys who specialize in Wills will tell you not all estate planning attorneys execute the plans they create. It’s best to have an attorney who will create and execute the plan so you can feel assured your wishes will be realized.

How often do you recommend periodic plan reviews?

There are a number of mistakes that can happen long after a plan is created just because life  “happened,” and the owner of the estate did not update the plan. There are cases where an ex-spouse has inherited because the current spouse wasn’t made a beneficiary or a child is unintentionally disinherited because he or she was born years after the plan was created. It’s important for your lawyer to call you in for periodic reviews as well as after you experience any major life event.

Flat fee or hourly billing?

Find out how your estate planning attorney will charge. Sometimes attorneys charge both ways, such as a flat rate for some services, and an hourly rate for other tasks. Inquiring about costs ahead of time can prevent unpleasant surprises.

What is your view on trusts?

Some attorneys recommend a revocable trust to nearly every client, and this type of trust does avoid the probate process according to most probate lawyers. However, this type of trust may not be right for you, as it does not avoid inheritance or income taxes.

How do you prepare clients for health issues that may arise years down the line?

Longer life expectancy means we all must prepare for disability and dementia. Make sure your attorney will help you to complete powers of attorney and health care directives.

Along with assessing whether your estate planning attorney has the right credentials and experience, it is important to gauge how well you connect with him or her as a person. You should ask yourself these questions about each attorney-candidate:

●    How comfortable do you feel talking with this attorney?

●    Does it seem like the attorney communicates clearly?

●    Do you feel a rapport that would allow you to discuss personal and emotional issues?

Hiring the right estate planning attorney for you is critical to the success of your plan. Reach-out as soon as possible to meet with qualified estate planning attorneys in your community.

This blog was originally posted on  https://www.pa4law.com/planning-to-hire-an-estate-planning-attorney-heres-what-you-should-know/

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