The probate process begins after the executor has presented to the register the will and the death certificate of the deceased. If there is no will, the probate process will commence when an interested party petitions the register. The authenticity of the will be verified and in the case where the will is not presented, verification of whether the petitioner is a qualified administrator will be done. If all is in order, the executor will be required to pay a fee to receive documentation. The documentation will serve as proof that they legally represent the estate. Probate litigation will take place when one believes there are some errors made during the probate process. This is why the need for a probate litigation attorney comes in. Family feuds may arise as a result of disputes in the probate case. There are many law agencies one can hire a probate litigation attorney from. For instance, probate litigation attorney tampa.
Hereby are some of the roles of a probate litigation attorney.
- Identify any issues with a will or probate case. An individual who is not familiar with the law terminologies will find it challenging to handle the probate case. Failure to understand the consequences of actions taken during the probate case can be costly. A probate litigation attorney is equipped with the required knowledge to handle any issues in a probate case. They are also experienced enough to handle those issues.
- Address executor misconduct. Once the will is drafted and signed, the name of the executor will be indicated. The executor can be the deceased close friend or even a family member. The executor should be a trusted individual who can handle the estate. In some instances, there could be mismanagement of the project by the executor. Once mismanagement occurs, the value of the estate assets may end up losing value. This will interfere with the value of money each beneficiary was supposed to inherit as illustrated in the will. The attorney is in a better position to identify any misconduct by the executor and provide the necessary remedy.
- Negotiate a settlement. A probate litigation attorney can help one negotiate a settlement. In some instances, one party may demand a settlement. In case the settlement negotiations fail, you might be required to face trial. With the help of the attorney you can win the case, this is because they are aware of the strengths and weaknesses associated with one’s case.
- Navigate the court system. When handling the probate case, you will interact with the judges and even the court clerks. Both the administrators and the executors have to file a petition to initiate the probating of a will. They will be required to adhere to the court orders and administration requirements. The situation may worsen if disputes occur and one decides to file a probate lawsuit. Since most individuals have not handled court issues before, filing a lawsuit and defending will be overwhelming. Since the attorney is aware of both the defendant’s and plaintiff’s viewpoints they can easily handle the case on your behalf.
In conclusion, the probate litigation attorney is very helpful. The above article has illustrated some of their roles. These roles include: navigating through the court system, negotiating a settlement, addressing executor misconduct, and even identifying issues in the probate case.