When Is Probate Litigation Necessary?

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The probate process is meant to ensure that a deceased person’s estate is distributed according to their wishes. However, disputes can sometimes arise, requiring probate litigation to resolve issues surrounding wills, trusts, guardianships, and the management of assets. At Turner Law in Decatur, GA, Robert Turner, an experienced estate planning attorney, provides compassionate legal representation to families navigating these complex and emotional conflicts. With over 25 years of legal experience, an advanced law degree (LL.M.) in taxation, and a strong background in estate planning, Mr. Turner helps protect the rights and interests of his clients during probate disputes.

Common Reasons for Probate Litigation

Probate litigation typically becomes necessary when disagreements arise over the administration of an estate or when there are concerns about the validity of a will or trust. Some of the most common situations that lead to probate litigation include:

1. Will Contests

A will contest occurs when someone challenges the validity of a will, often claiming that it was created or amended under questionable circumstances. Common grounds for contesting a will include:

  • Undue Influence: Allegations that a trusted caregiver, relative, or other individual pressured or manipulated the deceased into altering their estate plan.
  • Lack of Capacity: Claims that the deceased was not of sound mind at the time the will was created or updated.
  • Fraud or Forgery: Concerns that the will was signed under false pretenses or was forged.

Mr. Turner works closely with families to investigate these claims and ensure that the true intentions of their loved ones are honored.

2. Estate Disputes

Conflicts can arise between beneficiaries or heirs over the distribution of assets. Disputes may involve:

  • Interpretation of the will or trust terms
  • Claims of mismanagement or breach of fiduciary duty by the executor or trustee
  • Disagreements over asset valuation and division

These disputes can delay the probate process and create tension among family members. Mr. Turner provides skilled representation to help resolve these conflicts efficiently, often through mediation or settlement negotiations.

3. Guardianship and Conservatorship Litigation

When a loved one is believed to be incapacitated or unable to manage their own affairs, family members may seek legal guardianship or conservatorship. However, disputes can arise over who should be appointed as the guardian or how the person’s finances and care should be managed.

In some cases, allegations of elder exploitation surface, such as when someone gains control over an elderly person’s finances through fraud or manipulation. Mr. Turner helps families protect vulnerable loved ones by pursuing legal action to remove exploitative individuals and restore proper oversight.

Protecting Loved Ones from Exploitation

One of the most distressing situations in probate litigation involves protecting a loved one who has been exploited into altering their estate plan. This often involves a once-trusted individual isolating the person, exerting control over their decisions, and taking advantage of their diminished mental capacity to gain access to financial assets. Mr. Turner’s experience in handling these sensitive cases allows him to pursue legal remedies that safeguard the integrity of the estate and protect the family’s interests.

Resolving Probate Disputes Efficiently

At Turner Law, Mr. Turner is committed to resolving probate disputes as quickly and efficiently as possible. He understands that litigation can be emotionally and financially draining, especially for grieving families. That’s why he prioritizes mediation and settlement negotiations to reach fair resolutions without the need for a lengthy court battle. However, if a trial is necessary to protect your rights or achieve the best outcome, Mr. Turner is fully prepared to advocate for you in court with professionalism and skill.

Contact Turner Law, LLC, for Probate Litigation Assistance

If you are facing a probate dispute or need help protecting a vulnerable family member, Turner Law is here to provide the support and advocacy you need. We serve families in Decatur, GA, and the surrounding areas with high standards of professionalism and a commitment to achieving just outcomes.

Contact us today to schedule a consultation and learn how we can assist you with your probate litigation needs.

Posted on the behalf of Turner Law, LLC