What Is Probate Litigation?

What exactly "probate litigation" do you ask? "Probate litigation" is a legal dispute that arises from inability (young and old), disability, and death. As a follow up to my blog a few weeks talking about where to file such lawsuits, this blog will discuss various types of judge litigation cases that can be submitted.

Some judges' litigation occurs when someone is still alive. When my colleague Russell explained on a blog recently, the case of trust involved the appointment of a fiduciary to make decisions (medical and personal) on behalf of small children or adults who lack capacity. Similarly, conservatory cases involve fiduciary appointments to make financial decisions on behalf of adults who do not have the capacity to do so. Other legal challenges include validity or strength of competitors from lawyer proxies and health care. This type of dispute is often sensitive to time because, for example, urgent medical decisions need to be done and time sensitive bills need to be paid for unable people. Doctors, banks and other third parties are put in the middle when served with two powerful lawyers or procedures for competing health care, or when two siblings fight and want to make decisions on their ageing parents. The good thing in Massachusetts is that the court court can appoint temporary guardians or conservators on request if, for trustees, there is a possibility of "direct and substantial losses in health, safety or welfare" to people who cannot afford, and, for conservation, there is a possibility " Substantial damage to property, income or rights "from unable people.

The most common probate litigation case appears after someone dies. This type of case includes disputes involving wills, trust, gifts, asset disputes, determination of titles, interference with inheritance, fiduciary duty violations, and paternity for inheritance purposes. The most famous type is a dispute, which was even written by Charles Dickens in a gloomy house. The dispute can involve the problems that surround whether the determinant of the lack of capacity when they execute that will, someone is too influential determinant to carry out the will, will be removed with children, or will not be executed properly. Related, the appointment of personal representatives can be debated. Sometimes the recipient agrees with the provisions of the preparation of Will but believe that a nominated personal representative is not suitable to serve in the fiduciary capacity, and there is a process in court to refer to the appointment.

With trust, there are even more types of legal disputes: beneficiaries can challenge the validity of trust on the grounds of lack of capacity, improper influence, or improper execution; Can strive to remove the trustee and maybe replace the trustee with others; can ask the court to stop or modify trust; And can confirm the claim against the guardian of fiduciary task violations or to force accounting trust. Trustee Can file a complaint for instructions that request a court to clarify the problem, such as whether a person is a recipient of trust or how to interpret a period of certain beliefs.

Finally, there is a broad category of equity types where beneficiaries or supervisors can file a lawsuit which states various legal claims requesting just assistance from the court. This is the way to emphasise claims arising from a winding disorder with inheritance, asset conversion does not belong to the defendant, determination of asset titles, or fiduciary task violations (such as against the power of lawyers or other fiduciations). Also, with the increasing use of DNA genetic tests, there has been an uptick in cases involving the potential of unauthorised children and whether they are or not beneficiaries of plantations or trust.

While impurity probate cases often involve family disputes, such as cases of "Daddy like me", this type of case regularly involves caregivers, financial advisors, close friends or neighbours, or other non-family members who try to exploit someone financially during their lives . Many cases of probate litigation are focused on protecting loved ones from financial exploitation and from safety or medical problems. It is important to consult with a skilled lawyer if you face the potential litigation of judges, or if you want to plan ahead to protect from waste litigation in the future.