Probate litigation can be a daunting prospect for many individuals. After all, the probate process is often shrouded in misinformation.
An individual’s first step is to learn more about what issues people typically have with probate litigation.
Myth 1: Probate litigation always involves a long court battle
People may think probate litigation only leads to a long court battle. While fights can potentially arise during the probate process, not all cases fit that description. Some people use negotiation or mediation outside of court. Additionally, proper estate planning can minimize the likelihood of certain probate issues.
Myth 2: Probate litigation is only for the wealthy
Another myth is that probate litigation is only for wealthy individuals with big estates. In reality, probate disputes can occur regardless of the estate’s value.
Contested wills and problems with asset distribution may happen to anyone. Even allegations of undue influence can affect estates of any size. Probate litigation often helps resolve conflicts and keep the process fair.
Myth 3: Probate litigation is always adversarial
Individuals may think that probate litigation is always about pitting family members against each other. However, many cases involve peaceful resolutions. Good communication and cooperation can often prevent probate litigation from becoming combative.
Myth 4: Probate litigation is only about money
Another myth surrounding probate litigation is that it is only about financial disputes or inheritance battles. While asset distribution is a common issue, probate litigation is often about more than money. Disputes over guardianship, conservatorship or the validity of a will can also cause this process to happen.
Combating fraud or confusion during probate may seem tough at first. However, probate litigation is a valid choice for those wishing to right a wrong.