Unfortunately, sometimes when people pass away, the surviving family members and heirs cannot agree or get along. In many situations, old grudges and personal issues arise after someone passes away. This is especially true when people are cut out or disinherited from a person’s estate. Poorly drafted estate plans and ambiguous language in trusts and wills can give rise to disputes over who should receive money from an estate. When this happens, it can result in a lot of complex and painful litigation.
When you are dealing with a probate dispute, you need serious and experienced litigation attorneys who can help you protect your inheritance. The attorneys of Five Points Law Group exercise care and precision when helping clients resolve complex probate disputes throughout the Birmingham area.
While there can be countless reasons for litigation, there are a few common types of disputes that generally arise in the context of probate. For instance:
When a person who no longer fully understands what he or she is doing changes an estate plan drastically, leaving loved ones disinherited and giving everything to a new friend or other stranger, this can be a warning sign of fraud, abuse, or even undue influence. These can be grounds for disputing a will or trust.
It is not just wills and trusts that can give rise to disputes. Sometimes, disabled or mentally incapacitated individuals may need a guardian to help make healthcare decisions or a conservator to manage their funds. Sadly, in situations in which there are substantial assets, there are those who would take advantage and use their position of trust and responsibility for personal gain. This can lead to contested conservatorships and guardianships. This is another form of probate litigation that almost always requires the care and attention of a skilled attorney.
Probate litigation presents a number of challenges. Probate cases involve either deceased persons or living people who are unable to express their wishes (mental impairment or incapacitated). For this reason, the court can not simply ask these people what they want. Instead, various parties may be fighting to introduce evidence from a variety of sources. Medical and psychological evidence can be helpful, but it can also be difficult to obtain. Probate courts are highly protective, so it is important to follow the rules and guidelines very closely at every step.
If you are facing a complex dispute over an estate or trust, contact an experienced team of probate litigation attorneys who can help you fight to protect your inheritance. Do not allow unscrupulous individuals to take advantage of the situation and rob you and your family of an inheritance. Call Five Points Law Group today.