Why Do People File Probate Litigation?

Why Do People File Probate Litigation?

Jun 03

Bigger isn’t always better; sometimes, bigger means bigger problems too, especially when talking about estates and benefactors. The bigger the estate, the more problems it can usually face when there are disputes among the inheritors as there can be further complications along the line if there are quite a few heirs involved. Then you add a potential wrongful death lawsuit on top of all that drama, and you’re left with a scenario that almost certainly needs a skilled attorney to navigate.

It’s a matter of life that not every family can be as harmonious as the Brady Bunch and there are always going to be little rivalries. Perhaps the person was mistreated as a child and holds a harder grudge upon adulthood and wants more of the estate. Perhaps there was a separation between the parents and there are now the second families to be taken into consideration. There are a lot of possible scenarios in which a particular beneficiary might opt to file for probate litigation.

According to the website of Chicago probate attorneys Peck Ritchey, LLC, there are several ways that litigations of this nature could exist in varying cases such as through the breach of fiduciary duty (if the trusted fiduciary betrays the professional relationship during the proceedings), lack of mental capacity (if it can be proven that the will of the departed was not sound of mind and could have been outwardly influenced by a possible heir), among many other cases. There are several possible instances wherein an inheritor or several inheritors might feel it in their best interest for the will’s contest to be put under probate litigation.

However, this course of action can be incredibly strenuous and should only be considered and pursued with the advice of a legal professional. No probate issue is identical, due to the differing variables, and so there is no surefire way to guarantee the outcome of any legal action. It is in everyone’s best interest to thoughtfully and carefully consider all the options.

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