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.

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Hebert & Dolder PLLC - Concord Business Lawyer

Concord Office:
95 N State St,
Concord, NH 03301.
Phone: (603) 259-7061.
Fax: (603) 580-2072
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