Probate Litigation

At Michaelson Law, we understand the stress that comes with Probate Litigation. Dealing with dishonest individuals trusted to manage an estate is understandably upsetting, and you have every right to pursue these issues.

What is Probate Litigation?

Probate litigation is when a dispute arises between one or more parties during the probate process. To address these disputes, interested parties may initiate legal proceedings, and the probate court becomes involved in resolving the issues. Individuals involved in the Probate Litigation process include:
 
  • Beneficiary: An individual entitled to receive property from a will admitted to probate.
  • Heir: An individual who can expect to inherit from a probate estate in which there’s no will.
  • Executor: The individual named in the will to be in charge of the probate estate.
  • Administrator: An individual who is in charge of a probate estate that doesn’t have a will.
  • Testator: Individual who created the will.

 

A probate litigation lawsuit seeks an heir or beneficiary’s rightful inheritance. A lawsuit filed by a beneficiary, heir, executor, or administrator can also seek to reclaim property that rightfully belongs to the probate estate or have the court rule on the properness of the executor’s or administrator’s acts.

When Does One Start a Probate Litigation Process?

If an heir or beneficiary does not agree with the validity of a will, they might dispute the will through probate litigation. There are many reasons to do this, including:

  • To contest the appointment of a specific individual as an administrator.
  • To reclaim property that rightfully belongs to the probate estate
  • To suspend the executor’s or administrator’s powers
  • To remove the executor or administrator
  • For damages against the executor or administrator
  • To appoint a successor executor or administrator

Types of Probate Litigation

An estate can be involved in many types of litigation, and the claims may stem from acts of the decedent during their lifetime. Lawsuits could also arise from the conduct of the personal administrator, heirs and beneficiaries, creditors, and many other sources. Some of the most common types of estate litigation include:

  • Will contests claiming fraud, coercion, duress, or other misconduct during will execution
  • Creditor claims that are legally inadequate or are not verified
  • Claims of misconduct or breach of fiduciary duty
  • Disagreements over the distribution of specific real estate or personal property
  • Disputes about the heir’s relationship with the deceased

Michaelson Law: Las Vegas Probate Litigation Attorneys

If you find yourself in a situation where you must start probate litigation, we can help you. Let our qualified team of probate litigation attorneys answer all your questions and help guide you through the process with confidence! We’ve handled matters from small to large estates with highly complex legal and personal disputes. Michaelson Law has an effective team that can help you in the best way possible!

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