At Garrity Traina, we specialize in Probate Litigation and are dedicated to helping our clients navigate the complexities of this legal process. Let us handle your probate disputes with expertise and experience, making it easier for you to make informed decisions for yourself and your loved ones.
Understanding Probate Litigation
Probate Litigation arises when conflicts or disputes arise during the probate process. To fully grasp its significance, it’s crucial to understand what probate entails. When an individual passes away, the State appoints a person to manage and distribute the deceased’s estate. If a will exists, the designated executor or personal representative assumes this responsibility. Otherwise, the State selects an administrator.
The probate process commences when the executor submits the will and death certificate to the Register or Surrogate. In the absence of a will, an interested party must petition the Register or Surrogate to initiate probate. The government official examines the death certificate for verification and then ensures the authenticity of the will or qualifies the petitioner as a suitable administrator. Once all requirements are met, the executor or administrator pays a fee and receives official documentation, confirming their representation of the estate.
Examples of Probate Litigation
Probate Litigation can manifest in various scenarios, including:
1. Will Contest
Interested parties may challenge the entire validity of a will. Visit our article on Will Contests to learn more about this intricate process.
2. Administrator Appointments
In cases where there is no will, conflicts may arise among family members regarding the selection of an administrator. Disputes over this appointment often result in contested hearings. Having an experienced Probate Litigation Attorney is crucial during these hearings, as time is limited, and errors can lead to the wrong person gaining control over the estate.
3. Executor Fee Disputes
If an interested individual believes that the personal representative has overcharged the estate, they can contest the fees. Our Probate Litigation Attorneys possess the necessary expertise to present compelling evidence and testimony to support fee adjustments.
4. Formal Accountings
When an interested party feels that the executor is not providing sufficient information, they have the right to challenge the adequacy of the accounts. Our article on Formal Accountings delves deeper into this issue.
5. Spousal Elective Share
Surviving spouses often exercise their right to claim a portion of the estate, known as the elective share. To understand the complexities surrounding this matter, read our section on the Spousal Elective Share.
6. Guardianship Disputes
Although not strictly categorized as Probate Litigation, guardianships are frequently heard in the same court. If you are involved in a dispute concerning guardianship, refer to our informative article on Guardianship Disputes.
7. Trustee Removals
If a will establishes a trust and disputes arise concerning the trustee’s appointment, Probate Litigation ensues. Learn more about this topic in our section on Trustee Removal.
Trust Garrity Traina for Reliable Probate Litigation Services
At Garrity Traina, our team of seasoned Probate Litigation Attorneys combines years of experience with a commitment to providing affordable and reliable legal services. We understand the complexities of estate law and Probate Litigation. Our aim is to make this process easier for you, ensuring that you are well-informed and empowered to make the best decisions for both yourself and your family.
To schedule a free consultation and find answers to any questions you have about Probate Litigation or any other estate law matters, please contact us today. Put your trust in our expertise, and let us guide you through the intricacies of Probate Litigation with ease.
