Succession and Probate Litigation

A case involving succession law can be a contentious, complicated process. A number of factors, from unawareness of the intentions of a deceased person to multiple parties vying for property or titles, can make succession law cases complex, confusing, and stressful. While the details surrounding the succession are often murky, the process does not have to be overly complicated. With the help of experienced lawyers who understand how to sort out the details of the case and who know which legal statutes to apply to each individual situation, succession law cases become much more simplified.

A Few Important Things to Know About Successions

  • While succession law often involves the property of a deceased person, it is important to note that this is not always the case.
  • Succession law governs property, official, and legal powers.
  • One aspect of succession law refers to the laws governing inheritance and the passage of a deceased person’s estates to an heir.

Probate

Sometimes, a deceased person does not leave a will. In this case, a court-appointed Personal Representative, following Descent and Distribution laws, divides the property among heirs. Descent and Distribution laws are based on hereditary succession. Oftentimes, the deceased person does leave a will. In this case, the will must go through probate. The probate process involves determining whether a will is valid or invalid in probate court. This is necessary to allowing distribution of the items entitled in the will to the heirs. The typical probate process involves distributing assets to heirs, paying taxes, and liquidating liabilities.

Few Important Things to Know About Probate Law

  • Until a will has been proven valid through the probate process, it has no ability to bring about legal consequences.
  • The will must go through the probate process immediately.
  • It is illegal to suppress a will, and there are penalties for destroying, hiding, or not producing a will within a given amount of time.
  • Whoever possesses the will has the responsibility to bring forth the will.
  • Usually, this person is the deceased person’s attorney or personal representative.
  • Except in extenuating circumstances, the original copy of the will must be presented for probate.

Will Contest Litigation

Will contest litigation refers to a lawsuit that challenges the validity of a will or some of the provisions specified in the will. If you have any reason to suspect that the ideas expressed in the will were not the intentions of the will maker or have any other doubts or concerns about the legitimacy of the will, you need the counsel of expert attorneys who can determine the best course of action to take. If you have any reason to think that you should contest a will, you should not hesitate to contact us to see what we can do for you.

A Few Important Things to Know About Will Contest Litigation

  • Because an invalid will cannot go through the probate process, the will contest trial must occur before the probation process can occur.
  • Some of the factors that bring about will contest litigation are methodological problems during the making of the will; the presence of someone who pressured the will maker to allot assets to him or her; doubts about the competency of the will maker during the signing of the will; and the existence of an additional will.

Why Clary Suba & Associates?

Clary Suba & Associates has a long history of expertise in successions, probates, and will contest litigation. Because of our comprehensive knowledge base, combined with our commitment to excellence, we complete the processes involved efficiently and without unnecessary complications. We understand that transfer of property, titles, and estates can be stressful and complicated, and we know that contesting a will can be an arduous process. We want to remove as much of that burden from your shoulders as possible.

Make sure that you consult the counsel of experts if you need help with a succession or probate or suspect that the circumstances surrounding the will are not completely legitimate. If you need assistance dealing with will contest litigation, please give us a call today at 225-926-6788 or fill out our contact form here.

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