Concord Probate Litigation Attorney
How to File a Claim Against an Estate
When a person dies, their estate must go through the probate process. An
estate may include properties, assets, bank accounts, and other items
or objects owned by the decedent. At a certain point in the process, people
who have an interest in the estate may file a claim against the estate.
For example, if a creditor believes the decedent owed them money before
the deceased passed away, they may file a claim. If the executor or administrator
does not approve the claim, the creditor may have to petition the court
for payment, which causes estate litigation. When a claim is filed against
an estate and the executor or administrator approves it, the claim will
be paid out using the estate's assets. If you wish to file a claim
against an estate, contact our Concord probate litigation lawyer at our
firm for possible assistance.
Types of Estate Litigation
A common form of estate litigation is contesting a trust. The person who
wishes to contest a trust must be a beneficiary, a devisee, or someone
who would have inherited something if the decedent died intestate. A person
of interest may file a claim against a trustee, or contest the proposed
trust distributions or validity of the will. If a person wishes to file
a claim against the trustee for a breach of trust, it must be done within
a certain amount of time. An experienced attorney is familiar with such
time restrictions, and can help a person file a claim against the trustee.
For those who wish to contest the trust distributions, a beneficiary must
object to the distribution within 30 days after the trustee sends the
plan. Similar to the grounds of contesting a will, a person may claim
that a trust was fraudulently created, written under undue influence,
created while the person was incapacitated, or the entire trust was a
mistake. Contesting the validity of a trust also has a certain time limit,
and is extremely difficult to prove.
Our Concord Probate Lawyers Provide Assistance!
Our
probate attorneys at Hebert & Dolder PLLC. know the time restrictions involved
with all types of estate litigation. If a client wishes to contest a trust,
we may be able to help. We also have experience in
probate litigation, and assisting those who wish to contest a will. Please contact our firm
to learn more information about estate litigation, and how we may assist you.