Probate is a legal process that can:
A will typically needs to be contested prior to the probate process starting and before the lapse of the statute of limitations. If this is not done properly, disputes about the distribution of the property in the estate may continue indefinitely. This may cause issues with beneficiaries receiving their property and creditors being paid.
There are certain grounds on which a will may be contested after probate, such as:
The time frames and rules that govern probate procedures can be different in each state. If a will is voided, an older will may be used by a court.
If a will is voided and another will cannot replace it, the court will proceed as though the individual passed away without having a will. When this happens, the estate will be distributed under the applicable intestacy laws.
Because of all of these possible variances and nuances and time limitations, it is very important to have a probate litigation lawyer if you have any type of issue or dispute related to a will or other estate planning device.
How much it will cost to hire a probate litigation attorney will depend on how complex the case is, the nature of the issues, the lawyer’s experience and location, and other factors. One major factor that will affect the cost is the fee arrangement that the lawyer uses, which may include:
The cost of a probate lawyer will vary depending on several other factors. In general, a client can expect to pay somewhere between $3,000 and $7,000 for their services for flat fee arrangements. For hourly fees, the cost may range from $150 to $400 per hour, depending on their experience and location.
It is important to look for a lawyer for probate litigation who meets your needs and budget. The following are some tips to help you choose the best lawyer you can:
No matter which side of a probate dispute you are on, it is important to have legal representation and to prepare for your consultation before you go. You should gather any documents or other types of evidence that you have related to your dispute, such as:
Before you go to your meeting, you should take time to think about any questions you may have. Make a written list of those questions to take with you so you do not miss discussing any important issues.
You should be honest with your lawyer about the evidence that you have and the communications you had with the individual who passed away. This will allow your lawyer to build the best possible case for you.
You may want to ask your lawyer about the types of legal fees they use and what those fees will cover. It may also be helpful to ask if there will be other fees in addition to attorney’s fees, such as filing fees.
One of the simplest and easiest ways to find a probate litigation lawyer who meets your needs is by using LegalMatch. You may be tempted to do an online search for, “joint will lawyers near me” or “joint will attorneys near me,” but the results will likely be overwhelming and not very informative.
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