What is Probate Litigation?

The process of challenging a specific provision of a Will and Testament, a codicil to the Last Will and Testament, the appointment of a personal representative, or the entire contents of the Last Will and Testament.  There are various causes of action that may be raised.  The facts of each situation will determine the exact cause of action that may be prosecuted or defended.  The common causes of action are: lack of mental capacity, undue influence, duress, intentional interference with a testamentary expectancy, or improper execution of the will.

As a beneficiary, creditor or other interested party, you should receive a Notice of Administration once a probate has been initiated.  A Notice of Administration is a formal document that alerts all interested parties of the decedent’s death, the filing of a Will for probate proceedings, and that an objection to the proceedings must be filed within a certain period of time, or be forever barred.

 

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