Protecting Your Rights In Probate Litigation
When a loved one passes away, issues with the distribution of his or her estate can unfortunately lead to disputes among family members. Thankfully, you can protect your rights and ensure your loved one’s wishes are respected with the guidance of a seasoned estate litigation attorney.
At The Antonino Firm LLC, I will work directly with you to understand your perspective and create a legal strategy that reflects your unique situation. I use my experience as a probate litigator to fight for the interests of people in Atlanta and the surrounding areas. Whatever the reason for conflict during the probate process, I will help you fight for a fair resolution.
What Is Probate Litigation?
Unfortunately, after a person passes away, his or her loved ones may disagree with the handling of the estate or the terms of the estate plan. In these situations, probate litigation aims to resolve these disputes through the legal system. This ensures that the distribution of the estate reflects the deceased’s wishes or state law.
During this process, you may want to reach out to an experienced estate litigation attorney. Probate disputes are stressful and can be confusing. An experienced probate litigator may be able to offer straightforward guidance in these often complex situations, allowing you to make informed decisions.
When Is Probate Litigation Necessary?
Each probate case carries its own unique set of circumstances and potential conflicts. Disputes can occur for various reasons, including:
- Lack of a will: Without a will and other estate planning documents, the law defines what happens to a person’s possessions after he or she dies. Disputes can arise among potential heirs over who receives what portion of the estate.
- Validity of the will: If a will does not meet legal requirements or if the person who made the will did not have the mental capacity to make decisions at the time of signing, the will might be invalid.
- Disagreements about the terms of the will: Sometimes, the language in the will may be ambiguous or unclear, leading to different interpretations among the heirs. This can result in conflicts regarding what the deceased truly intended.
- Executor conduct: The executor is responsible for administering the estate according to the will’s instructions. Disputes can occur if beneficiaries believe the executor is mismanaging estate assets, engaging in fraudulent activities or not performing their duties properly.
- Undue influence: If someone pressured or manipulated the person making the will into making certain decisions, that influence can lead to unfair treatment of other heirs.
When determining whether court involvement is the best way to handle your dispute, you may want to speak to a probate litigation lawyer. In addition, if money issues are involved, especially in claims against an executor, it can be very helpful to have an attorney experienced in both probate litigation and financial crimes or malfeasance litigation. I have both and have used my skills for both executors and beneficiaries who were concerned that the executor had misappropriated funds.
Are There Alternatives To Probate Litigation?
Unfortunately, probate disputes are sometimes inevitable. Resolving a dispute in court can add stress to the already difficult situation of losing a loved one. However, it is possible to resolve many disputes through mediation or settlement.
In addition to being a skilled estate litigation attorney, I am also a mediator. With these skillsets, I can help conflicting parties reach a consensus. This can help you avoid a prolonged court battle, save time and money, and preserve your family relationships.
Contact An Experienced Estate Litigation Attorney For Guidance
If you are dealing with a probate dispute or need personalized advice from an estate litigation attorney, do not hesitate to contact The Antonino Firm LLC. Call my Atlanta office at 770-575-8073 or reach out online to schedule a consultation and learn more about how I can assist you.