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What is Probate Litigation?

Mon Feb 14, 2022 | Probate |

When someone dies with a will, the assets of the estate are distributed via a legal process called probate. This process also includes the payment of any debts of the estate and other claims. The probate process is largely administrative and typically proceeds with only supervision by the probate court. However, the court will get involved when disputes arise. If you are involved in an estate dispute, your best option for resolving the matter is to contact a Boca Raton probate litigation attorney

Probate Litigation Explained

To break it down in simple terms, the term “litigation” refers to taking legal action through the courts in order to resolve a dispute. As mentioned above, probate litigation is the process by which estate disputes are resolved. 

However, unlike most civil litigation cases, most probate litigation cases are not tried in front of a jury. Instead, it will be decided in what lawyers refer to as a “bench trial” – the case will be decided entirely by the probate judge. This can have both advantages and disadvantages, depending on your perspective. For complex estate disputes that involve complicated legal issues, the parties may prefer having a judge decide the case, based on the belief that they will be better able to understand the nuances of the issue at hand. 

That said, it is possible to have a probate case tried in front of a jury if you can claim that the issue involves “tortious interference with an inheritance” or “tortious interference with an expectancy.” It is important to keep in mind that jury trials in probate matters are the exception to the rule, but a Boca Raton probate litigation attorney can determine whether this is an option in your case. 

Common Causes of Probate Litigation

While every probate dispute is unique, the causes of these disputes are surprisingly common. Most probate disputes arise from the following causes: 

  • Disputes involving debts or other claims against the dispute
  • Will contests alleging that the will is invalid for some reason
  • Family conflicts arising from re-marriage or exclusion of heirs 
  • Disputes concerning how the personal representative is handling the probate process

No matter what the cause of your dispute, these are often complex issues that are difficult to resolve. A Boca Raton probate litigation attorney can help you navigate the dispute and get it resolved as quickly as possible. 

A Boca Raton Probate Litigation Attorney Can Help You Avoid Litigation

Probate disputes rarely arise out of the blue. In fact, people are often bracing for litigation when they file the will with the probate court. That said, you don’t need to wait for litigation to start before talking to an attorney. A Boca Raton probate litigation attorney will be able to assess the potential disputes, estimate the likely outcome, and develop a strategy for resolving them before litigation begins. You may be then able to negotiate an agreeable outcome while avoiding the time and expense associated with litigation. 

Talk to a Boca Raton Probate Litigation Attorney Today  

If you’re facing a probate dispute, a Boca Raton probate litigation attorney from Ellis Law Group can help you get it resolved as quickly and cost-effectively as possible. To schedule a consultation to discuss your case, contact us today at 561-910-7500.