Pennsylvania Probate Litigation
Do you know when you need to hire a Pennsylvania probate litigation lawyer? A probate litigation lawyer in Pennsylvania is someone who is thoroughly experienced in this field of the law and one who understands what you should and shouldn't do as it relates to administration of an estate.
Even if you’ve never been in this role before, you want to have the support of a person who knows how to handle concerns related to disputes. Probate litigation can be costly and relies on knowledge of very specific statutes in the state of Pennsylvania, so this should only be handled with care and concern. The support of an attorney is instrumental in clarifying these issues for you.
Probate administration and litigation can leave plenty of room for conflicts. Probate is the court proceeding in which a deceased person's estate is officially administered and it can be done intestate without a will, or testate with a will. Unfortunately, disputes often emerge and hiring the right Pennsylvania probate litigation lawyer may be the only opportunity for a person in this situation to get the information that he or she needs to move forward with legal action.
Probate disputes can be initiated by anyone who has a standing in the outcome of the case, but it is important to speak first with a probate litigation attorney in Pennsylvania to clarify whether or not you have grounds to do so. One of the most common types of disputes that turns into probate litigation has to do with challenging a person's last will and testament. Don’t make the mistake of proceeding on your own- these cases are notoriously complex.
A will contest or a will challenge is most frequently based on allegations of fraud, undue influence, or duress. Will contests can also involve challenges to the person's competence at the time that he or she executed in signing a will. The responsibility falls on the person who is making these allegations to show that the person who signed the will was not competent and therefore, could be subject to challenge.
This litigation would then bring that matter in front of the probate court to be decided. Probate litigation, however, does not always have to do with making decisions specifically related to a will. A common dispute arises when there is a conflict about who could be appointed as a personal representative of the estate, for example. Another challenge could arise when a personal representative fails to include all of the appropriate estate assets in the estate inventory. The beneficiaries who believe that the estate inventory is not correct, could challenge the inventory and thereby cause the court to order a more complete inventory. Probate litigation can become especially problematic and emotional because it often involves family members arguing against one another in the midst of grieving the loss of a loved one. As a result of these challenges, the party who is mounting the legal dispute must be represented by experienced probate counsel and preferably someone who has courtroom experience. Regardless of the source of the probate litigation challenge, it is essential to have an attorney in your corner to answer your questions and ensure that you have the most compelling chance to support your allegations in front of the court. Don't make the mistake of trying to handle a case like this on your own as you could wind up suffering significantly when you encounter legal obstacles and are not able to sufficiently prove to the court that there exist grounds for a dispute to begin with.
- Probate Dispute Resolution Options
- Executor Fee Dispute
- Fraudulent Transfers
- Inadequate Remedies Dispute
- Informal and Formal Accounting Dispute
- Power of Attorney Standing to Challenge
- Probate Fee Disputes
- Probate Fraud
- Removal of Executor
- Breach of Fiduciary Duty
- Estate Litigation
- Trust Litigation
- Will Contest