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What Is Probate Litigation? How a Probate Litigation Attorney Can Help

Paul Deloughery, probate litigation attorney

Looking for a probate litigation attorney to help you navigate an estate dispute? A probate litigation attorney can be a great resource in helping you understand the laws and processes of probate. They can also provide valuable guidance on how best to proceed with your case. Let’s discuss what a probate litigator can do for you.

How a Probate Litigator Can Help You Win Your Case.

A probate litigation attorney is your advocate if there is a dispute over a deceased person’s estate. They can provide an invaluable resource in navigating the complexities of legal proceedings. He or she does what is required to ensure you are heard and get a fair chance at winning. This might include filing legal motions to representing you in court. A probate litigator will be knowledgeable about all of the laws that are relevant to your case. Also, they can help you build a winning strategy. They will also provide guidance on how best to move forward with the available options. Sometimes this requires filing court motions, seeking out witnesses, and gathering evidence for your case. And sometimes it requires pushing for a settlement to help bring the case to an early resolution.

What Is Probate Litigation?

Probate litigation involves legal disputes in probate court. These disputes might involve the distribution of a deceased person’s assets. But there could also be probate litigation over how to make financial or health care decisions for an incapacitated person. (If a person is incapacitated, they could be subject to a guardianship or conservatorship.)

These cases often involve family members or beneficiaries who disagree on how the estate should be managed and/or divided. A probate litigator is a lawyer who has experience handling these types of cases and can provide valuable guidance on navigating the complex legal process.

Understand the Basics of Probate Litigation

It’s important for individuals to understand the basics of probate litigation in order to decide if they need an attorney or not. A probate litigation case typically begins when a beneficiary, heir, or creditor challenges the validity of a will or trust document. The dispute must be settled by a court before any assets can be distributed. In some cases, the dispute may include disputes regarding fiduciary duties during the probate process. Examples include allegations of conflicts of interest among family members, abuse of power by trustees, or fraud. Probate litigators are skilled in helping estate representatives navigate these tricky legal questions. They ultimately ensure that their client’s interests are always taken into account throughout the proceedings.

How Is a Probate Litigator Different From an Estate Planning Attorney?

An estate planning attorney usually creates wills, trusts and other documents to help someone plan for their future. In contrast, a probate litigator represents clients who are part of a probate dispute. The probate litigator brings the case to court on behalf of his or her client. They can also present legal arguments as to why the court should not accept the will or trust in its current form. All in all, the goal is to protect the rights of all parties involved in the proceedings and ensure that any inheritance disputes get settled with fairness and justice.

Understanding Your Options For Winning Your Case.

Working with an experienced probate litigation attorney is essential to ensure that you understand all of your legal options and can make the best decisions for your case. Your lawyer will advise you on viable strategies and help you prepare for court proceedings if necessary. When entering negotiations, your litigator will be able to clearly articulate the most advantageous approaches to take on your behalf. He or she will also represent you in court, fighting aggressively to protect the rights of their clients and ensure a beneficial outcome.

Do You Need a Probate Litigation Attorney?

We have handled all sorts of probate cases, including some of the most contested and complex ones. So if you want a top-notch advocate by your side, give us a call at 602-443-4888. We’ll make sure you get treated fairly.



Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.