Probate litigation is a court proceeding that arises after the death of a person who wrote the will. It essentially involves a challenge to the Last Will and Testament of a dead person. The challenge may be to the entirety of the Will and the testament or to a particular codicil to the Last Will and Testament.
It could also be a challenge to the appointed personal representative of the will. Probate litigation is usually the cause of conflict among the family members over the estate and the Will of the deceased. This could be due to the doubt that the deceased was under some external influence when he was drafting the Will, or due to fraud or duress.
The Will can be also be challenged on the basis of the mental capacity and the competency of the person like for in cases of dementia when the last Will was drafted. Probate Litigation takes place in a Probate Court. If you ever find yourself involved in Probate litigation in Fort Lauderdale, hire an able and competent Probate Attorney to take up your case.
How to avoid getting your family into the mess that is probate after your death?
After your death, you cannot really reach out from your grave or appear in front of your family members and sort out the issue so that your estate does not get embroiled in probate litigation, it only guarantee screams and some strokes but you sure can make an effort to avoid it or at best deter it. At least, it will save your family members the hassle, the cost, and sour relationships.
The very first step you can take is to have a proper estate planning. Hire an experienced probate attorney to help you out with the estate planning. All those years of studying law are not for nothing, they know the ins and the outs and the loopholes in the law to draft a perfect plan to help your estate to evade probate. There are many competent probate attorneys in Fort Lauderdale to help you with Probate Litigation in Fort Lauderdale.
There are also other ways to avoid involvement of the court. You can create trust funds to avoid Probate litigation in Fort Lauderdale. Trust funds involve the transfer of your assets and properties from your name to a trust fund which also helps in reducing your estate taxes. You can opt for joint tenancies with the rights of the survivor prevailing and designate beneficiaries but all these must be done after the consultation of a Probate attorney.