When to Consider Probate Litigation
Results-riented: Creative, Strategic, And Skilled Legal Techniques.
A person’s Last legal documents, like a Last Will and Testament or a Trust, should be crafted with the help of an attorney who can ensure the document will avoid legal missteps. However, some documents are prepared by individuals with inadequate legal knowledge, which may lead to a document being probated in court for clarity.
Challenges to validity.
When someone dies, becomes comatose, or is declared legally incompetent, the court relies on legal documents prepared by that person to administer his or her affairs. However, family members or others close to the individual may challenge the document’s meaning or content by insisting the person had voiced other plans or that the document should be interpreted differently.
Words, phrases, sentences, and even sections of a document may be considered confusing or contradictory. For example, a person with one child may inadvertently use the term “children” in a legal document, raising questions about possible other offspring outside the marriage or relationship. This is especially difficult if another child comes forward to claim part of the estate. Brea attorneys can help to guide the process of developing appropriate documentation that protects a person and his or her loved ones.
Organization or construction.
If a legal document is poorly constructed, it can be difficult for family members to sort out. If something is stated in one section that appears to be missing or changed in another, as though perhaps the person had updated the document but failed to make all necessary changes, this can lead to controversy that results in litigation. In rare instances, even misplaced punctuation can create problems of interpretation or application. If help with interpretation is needed, contact Brea probate litigation lawyers.
While legal documents can be prepared independent of legal counsel, it is a good idea to have a lawyer review the document to ensure it is legally valid. Loved ones’ lives can be impacted for months or years, if not forever, by the way a legal document is written. Contact probate litigation lawyers in Brea California for help in writing or probating important legal documents.