If you are in an argument with your adult siblings regarding your deceased parent’s estate plan, you may need to seek legal help from a probate litigation attorney. Probate litigation is the process of resolving disputes over the validity, interpretation and administration of a will or trust. Newport, Kentucky, probate litigation can involve various parties, such as beneficiaries, heirs, creditors, executors, trustees and guardians.
Probate litigation can be complex and emotionally draining, especially when it involves family members. You may have to deal with issues such as whether your parent had the mental capacity to make a valid will or trust, or whether your parent was coerced or manipulated by someone else to change their estate plan.
You may also need to determine whether the executor or trustee is fulfilling their fiduciary duties and acting in the best interests of the estate and the beneficiaries. This could also be whether there are any missing or misappropriated assets in the estate, any valid claims against the estate by creditors or other parties and how to divide or value the estate fairly among the beneficiaries.
You might need an attorney
If you are facing any conflicts with family members regarding probate matters like challenging a will, you may benefit from hiring a probate litigation attorney who can advise you on your rights and options. Certain litigation does have a clock, commonly known as a statute of limitations for you to make claims, so it can be beneficial to consult an attorney sooner rather than later.
You should focus on recovering from the loss of a loved one, and let an attorney handle the legal side. An attorney can also help you craft a customized estate plan of your own, sound legal representation can often stem off potential probate disputes.