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If you are a beneficiary, executor, or interested party preparing for probate litigation, you may feel a bit overwhelmed. The passing of a loved one or friend is an emotional time compounded by the stress of their affairs, bank accounts, property, possessions, and even debts. These affairs are handled during probate, but it doesn’t always go smoothly. If an executor is challenged or a beneficiary disagrees with the proceedings, this may result in probate litigation.
Trust Heban, Murphree, and Lewandowski LLC to guide you to the right solution if you find yourself on either end of probate litigation. We provide comfort and support to beneficiaries, fight against breaches of fiduciary duty, and use our legal knowledge to simplify complicated litigation to help you understand your unique legal situation.
Read on to learn more about probate litigation and how we can help.
Probate is a structured process where the estate is handled, and the last will of the deceased guides it. During probate, an executor (the individual responsible for finances, property distributions, and last wishes) must fulfill their fiduciary duty to act in good faith and complete the probate process. This includes paperwork and other legal responsibilities. For most estates, we recommend reaching out to an attorney experienced in estate law to avoid problems during probate.
The executor can be a trusted family member or friend. Still, due to the complicated nature of probate and the changing character of individuals over time, it’s always safest to choose an attorney knowledgeable in estate law to act as the executor of a will.
Without a will, the belongings of the deceased are generally passed through intestate succession laws. These vary from state to state. In Ohio, intestate laws depend upon whether you are married, have children and whether those spouses and children are alive. A living spouse inherits the estate, regardless of child status, absent a will.
You’ve found yourself in probate litigation, and you aren’t sure where to turn. Is the challenge valid? Do you have the validity to challenge a will yourself? Let’s explore a few reasons a will can be challenged and who has that ability.
When it comes to the courtroom, no one has more knowledge of probate litigation than Heban, Murphree, and Lewandowski. We discuss our client’s unique situation and fight for a successful resolution. We keep you involved in the process from start to finish.
Don’t go through probate litigation alone—contact us today.