What Is Probate Litigation?

Concord Probate Litigation Attorney

The more property and assets a person owns, the more likely probate litigation is to occur. Probate litigation is also known as contesting a will, and certain sections, provisions, or the entire will may be contested. A codicil or the selected personal representative may also be contested in probate litigation. Beneficiaries or potential heirs have the right to contest a will, but it is often difficult to win a probate litigation case without a lawyer. A will may only be contested on specific grounds, and without substantial proof that you were either purposely excluded of the will, or purposely did not receive enough of an asset or property, it is extremely difficult to successfully resolve a will contest without legal representation. If you wish to contest a will, the Concord probate lawyer at Hebert & Dolder PLLC. may be able to assist you.

Grounds to Contest a Will

You may initiate probate litigation if you believe the will was written under undue influence. This means that the person was either persuaded or forced to write their will in a specific manner or way. It must be proven that the will creator, or testator, was under extreme pressure and stress caused by an influencer. The influencer may go as far as alienating the loved one from family, or keeping the will on behalf of the testator. If a will was not created correctly, or does not follow appropriate state laws, a will may also be contested. Every state has different rules that must be followed when creating a will, which is why it is imperative to create a will with an experienced probate attorney's assistance. Everyone who creates a will must be of sound mind, or have testamentary capacity. If a testator lacks testamentary capacity, a will may be contested. Probate litigation may also occur when a testator is tricked into signing a will. This is known as fraud, and this ground, along with the others, may be difficult to prove.

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Beneficiaries and heirs may also contest the person who was selected to administer their loved one's estate. This person may be known as the administrator or executor, and if beneficiaries and heirs believe that the personal representative is not administering the estate correctly, they may file a petition with the probate court to have a new personal representative elected. Probate can be a demanding process, and when disagreements arise, it can become even more stressful and complicated.

Do you want to contest a will in Concord? A probate litigation lawyer from Hebert & Dolder PLLC. may be able to assist clients with all types of probate litigation cases. Please contact our firm today, and schedule an appointment with one of our experienced probate attorneys in Concord. We also serve residents throughout Merrimack County, so call today!