In the legal parlance, probate litigation is the challenging of the letters of the last will of a testator. Indeed, even a thoughtfully constructed will can confuse the surviving heirs.
The facts presented at the court defines the cause of action of the litigation. Usually, it is due to undue influence, psychological incapacity, duress, and improper signing of the will and it needs either defense or prosecution.
Typically, the one who initiates the probate litigation must present pieces of evidence in the court to prove his cause of action. There is also commencement with a specific period before barring him from the proceedings.
Probate litigation is one of the most challenging types of cases for resolution in the court today. Thus, in this article, we will discuss the top challenges with probate litigation today.
- Grieving Process Is Still In Effect
Grief can impact the action and reasoning of an individual significantly. Thus, dispute resolution can be very challenging, especially if the parties involved are still grieving and their emotions are extreme.
Probate litigation is possible if everyone still feels intense emotions and mediation can be a significant obstacle to both parties.
Thus, here are some tips on how to resolve this issue:
- It can be tough to predict the behavior and be consistent with the process. Everybody mourns in various ways and then go with the litigation when parties are now ready.
- Let the parties calm down so emotions can subside. Proceed with the litigation after few weeks or months of the death of the testator.
- Individuals Left Out May Feel Hurt
The heirs that are left out may still be hurt. Sometimes, survivors associate how much the testator love them with the amount of the properties they did not receive.
One heir may receive more than other family members, and this may cause misunderstandings and disputes.
Thus, here are some of the tips you can take before probate litigation:
- If your parents leave one of your siblings a valuable property while on the other hand, you get the smallest share, try to understand why your parents made those decisions.
- Talk with your siblings or your parents. If you think that one of your siblings are trying to make your parents change his will, then discuss the matter with the family.
- Status Imbalances
In some cases, there are differences in understanding due to age and negotiation skills which can also affect the situation. To maintain the equality among the parties in the case, a mediator is a must for there are some cases where other beneficiaries dominate the transaction.
Here is an example of status imbalance in probate litigation:
- There is an involvement of tax issues entailing income and taxes from properties in the probate. Because of the financial variance of both parties, a negotiation could occur to bridge the diversity among the litigation participants.
Thus, the stabilization between the inheritors is the top priority of these mediators. They guide the members of the family in making a fair conclusion and help them understand their precedence and necessities. The mediator should also interact with the parties constructively to be able to alleviate the case.
For some cases, a reasonable mediation can resolve probate dispute and this results to the fact not being delivered into the trial. As a result of that, the avoidance of expensive financial costs for the formal ligation for the beneficiaries and the members of the family.
- Unresolved Disputes Can Resurface
During probate litigation, past disputes and problems of the family can have a chance to resurface once again.
The parties involved in this type of litigation know each other since birth. Thus, they can’t just quickly forget the issues that happened in the past.
There can be a revival of old grievances and unleashing of suppressed emotions. There must be a quick resolution for these issues before going to the probate settlement.
Without mediation, the members of the family cannot recover emotional hurdles and fail to focus on the legal and financial concerns they currently face.
In sum, a competent legal counsel is a great help in handling probate litigation. They can also aid in situations wherein participants are emotionally unstable and still in grief but would like to settle the disputes.
The trial can often cause highly emotional instability among the participants because of the complexity of the procedures and because of the arguments that happen between their blood lines. Because of these misunderstandings, the breakage of the ties between each family and relatives often occur.
Thus, the participants who are confused and having difficulties because of the said reasons mentioned above must seek the aid of counsel for clarification and resolution of their concerns.
Your siding attorney can also act as mediator outside the court to guide you in resolving your concerns and attain a favorable solution. But, if it becomes challenging to seek action from the trial court, your attorney can assist you throughout the process of the probate litigation. If you have other concerns about aspects of estate law and probate such as asset protection, lawyers here might be able to help.
Kiren is a estate law writer who enjoys writing about subject in relation to real estate and law. He has written for a few blogs in the past, and enjoys sharing his knowledge with those who enjoy reading. In his spare time he enjoys spending quality time with those he loves.