A will contest can result in a significant delay in the distribution of a loved one’s assets. Also, because the costs of will contest are paid out from the estate, the available funds can be significantly depleted. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.
Board-Certified Estate Law Specialist
As one of only a few Board Certified Estate Law Specialists in Indiana, I understand the complex probate issues you may be facing. I earned my specialist credentials through extensive references, testing, experience and continuing education. As an attorney, I am committed to helping real people pursue resolutions to complex issues.
At Beeman Law Office, I provide zealous probate litigation representation. I have 25 years of experience as a lawyer and leverage my experience when handling complex probate matters. I can review your situation from every angle, considering all aspects of the law to help determine the best course of action.
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Probate Litigation Resource Links
Getting Ready for Estate Planning
This site from Purdue University outlines a six-step guide to preparing for estate planning.
Probate Statutes by State
A website listing probate statutes by state provided by the Legal Information Institute at Cornell University.
Who Gets Grandma’s Yellow Pie Plate?
The University of Minnesota offers advice on estate planning and personal property.
SmartMoney®: Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.
AARP® Estate Planning Guide
This resource, provided by AARP®, includes articles discussing a variety of estate planning matters.
Probate Litigation - An Overview
Estate administration and probate litigation can be time consuming and confusing. A competent and experienced probate and estate administration attorney from Beeman Law Office in Anderson, Indiana, can facilitate this often-difficult process in a timely and effective manner. If you need help in the administration of an estate, contact Beeman Law Office today.
Probate litigation involves both probate court and civil court. Before or after a will has been submitted for probate, an individual with standing to make a claim attacking the validity of the will can bring that claim before the probate court. A probate judge will hear the claim and determine if there is an issue relating to the will's validity. If there is an issue, the judge will send the claim to civil court.
When to Initiate Probate Litigation
Depending on the state in which the will is to be probated, the timing of raising an objection to a will can vary. In some states, a claim attacking the validity of a will must be brought before the will is submitted to probate. If the claim is not made in that time period, the right to contest the will is lost. Most states, however, allow the will contest to be filed after the will has been submitted to probate. There are usually time constraints for these filing periods. An attorney at our firm will be able to assist in ensuring the timely filing of such an objection.
Common Claims in Probate Litigation
There are myriad reasons to enter into probate litigation. Will contests are raised to challenge the validity of the will. These claims may include:
- Undue influence
- Lack of mental capacity
- The validity of a handwritten (holographic) will
- Failure of the will to meet all of the required formalities, such as the requisite number of witnesses
Aside from will contests, litigation may also arise based on disputes over the administration of assets, a surviving spouse's elective share and asset evaluation techniques.
An issue may also arise if there is a "no-contest" clause within the will. Such a clause states that if an individual named in the will challenges the will, that individual loses all rights to receive anything. While the clause commonly appears in wills, it is important to understand that it is usually narrowly interpreted, and will not be enforced if a contest is brought on good faith.
What to Expect From Probate Litigation
If a probate judge determines that there is an issue relating to the will’s validity, the judge sends the case over to civil court. The process from there mirrors that of any other civil proceeding. The contestant will be required to put forth evidence, witnesses and exhibits to prove the claim.
Even if the contestant wins, the remedies are limited. A judge will order one of the following:
- The will is valid and shall be probated as is
- Portions of the will are invalid, and the valid portions shall be probated as is, while the invalid portions will follow the state intestacy laws (as if the testator had died without a will), if necessary
- The whole will is invalid and the estate will be probated according to state intestacy laws
How to Avoid Probate Litigation
Proper estate planning and the use of "will substitutes" may assist you in avoiding probate altogether. For example, you may put all of your assets in revocable trusts, create joint tenancies with rights of survivorship or designate beneficiaries to retirement and life insurance funds. While these tools may not keep your heirs from litigation after your death, you may at least find a way to control which of your assets will enter probate.
Conclusion
Proper estate planning can help you minimize the risk of probate litigation. If you need help in administering an estate, contact Beeman Law Office in Anderson, Indiana, to schedule a consultation with an attorney experienced in probate and estate administration..
