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What is Probate Litigation?

What is Probate Litigation?

Litigation is the process of taking legal action to fight or defend the legal rights of two opposing parties. According to a litigation article from the website of Arenson Law Group, PC, common issues that result into litigation involve breach of contract and of fiduciary duty, business and employment torts, debt collection, franchise controversies, fraud and misinterpretation, non-compete agreements, and real estate broker commissions.
But litigation can also involve the deceased and his or her assets. This is called probate litigation. In this kind of litigation, the court identifies the assets of the deceased, makes decisions in relation to taxes and other incidental costs, and distributes these assets to their respective legal heirs, as stated in the will.
A probate litigation is basically about challenging the provisions of the last will and testament. The personal representative, or the bank or trust that has been appointed by the court to administer the assets, can also be challenged.
Below are some of the most common reasons why a probate litigation occurs:

  • Challenging the wording and overall construction of the will and testament
  • Challenging the validity of the will
  • Debating whether a guardian is to be appointed or not to an individual who has not executed a power of attorney
  • Determining the personal representative
  • Having different opinions in terms of conservatorship and guardianship
  • Taking legal action against a fiduciary for failing to fulfill his or her legal duties
  • Terminating a trust because of its impracticality

These issues can be very complicated, so it is advisable to get the legal help of professionals who specialize on these issues, like the Chicago probate litigation lawyers of Peck Ritchey, LLC.
Proper probate litigation avoids further disputes among family members, ensures that the assets and wealth are secured and every heir get the appropriate benefits, and resolves possible issues such as tax liabilities.

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