Probate Litigation

Unfortunately, despite the best efforts of your loved ones it is possible to still wind up in the midst of probate litigation. Estate and trust litigation in Alabama can be extremely complex and this is why the support of a probate lawyer in Alabama is instrumental in helping you to understand the different stages of this process and helping you to create a plan to move forward if you believe that a conflict has emerged.

During the administration of any conservatorship, trust or estate in Alabama, there are many different situations that might prompt the filing of a lawsuit to defend, assert or protect the rights of any individual party.

Of course, the various aspects of this case will depend on the unique factors of the claim. These cases most often emerge between fiduciaries and beneficiaries and can include conflicts, such as:

  • The debts of the decedent and claims that are made against a trustee, personal representative or an estate.
  • Disagreements between a personal representative and the heirs.
  • Disagreements about whether or not an account or asset truly is part of the estate.
  • Disputes between remainder and primary beneficiaries on a trust.
  • Disputes between children and a surviving spouse regarding property or estate assets.
  • Concerns regarding a trustee’s refusal to pay out money or make distributions as required by the trust to beneficiaries.
  • Refusal by a trustee or personal representative to provide an accounting or an inventory of the estate.
  • Final or partial settlement of an estate.
  • The right to receive life insurance proceeds from a policy.
  • Breach of fiduciary duty claims.
  • Issues regarding the transfer of assets through joint accounts, beneficiary designations, powers of attorney, payable on death provisions, and property owned jointly with right of survivorship.

Given the complexity of these types of cases it is imperative to have the support of a probate litigation attorney in Alabama. Probate litigation can require extensive resources, time and funds, all of which may be directly charged against the estate. This is why it is important to have the support of an attorney who has been through this process before and who can guide you through what you can anticipate. Before initiating a claim against an estate or any party associated with the estate, you’ll want to have a sit down conversation with a lawyer who has worked in this field so that you can have a clear understanding of whether or not it makes sense to proceed with a claim. Given that these claims can be very complex and can heighten the emotional tension around the management of these situations, you’ll want to proceed cautiously and with a clear understanding of all that is involved.

Do not hesitate to contact an experienced lawyer sooner rather than later so that you can get your questions answered. Any claims against the estate or any individual party involved in the estate are serious. When you make a claim of breach of fiduciary duty, for example, this could mean that the trustee or personal representative in question is held fully or partly responsible for any issues they may have caused in the administration of the estate or heirs.

Because of this and the burden of proof being high on the party who initiates the probate litigation, you’ll want to be prepared both with the evidence you’ll need to initiate a claim as well as a general expectation of how these cases tend to unfold in court.

Many people find themselves in over their head quickly due to the complexity of these kinds of situations and this can all be easily avoided by scheduling a consultation with an estate planning lawyer who is familiar with many of the most common challenges. Do not hesitate to hire an attorney immediately to protect you and your loved ones’ interests to this estate.

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