Probate litigation is the process of challenging the provisions of the will, settlement of the liabilities and duties payable by the deceased and thereby distribution of the remaining estate amongst the legal heirs of the deceased. It is the contesting of the will on various grounds such as being undue influence and coercion, undisclosed creditors, enjoying the claims of other beneficiaries etc.
It becomes imperative to seek probate litigation for the proper distribution of wealth to the rightful beneficiary, settlement of tax liabilities and avoiding disputes. The law of limitation being applicable to probate litigation the court shall not carry on the proceedings in the event of surpassing the time limit of the case. Hence, it becomes crucial to seek a probate litigation attorney and here is how you can do so:
Skilled and specialized Lawyers
Look out for the lawyers specialising in probate litigation and do not settle for just any other lawyer. Probate Litigation is another diverse and intense branch of advocacy. They require extensive knowledge of the law and order. A probate litigation attorney should be your top most priority and agree to a lawyer who has his knowledge in the field long forgotten would be foolish. Lookout with your contacts and there are chances that you will find someone who has worked in the field of probate. If you lack that kind of contacts reach out to friends and family.
The Internet shall come to aid by searching and checking the WebPages of law firms online who specialise in probate and estate matters. Do not rely on the reviews of the attorney since being an advocate is an advisory role. It is likely that the people you are fighting against go online and write the reviews.
Meet the attorney
It is highly recommended to interview the attorney before onboarding with them. Meet the attorney to confirm the credibility of the lawyer. Ask for their background and their fees. It is important for you to know who shall be working on your file the attorney, an associate or a paralegal. Know about their experience in the field.
Check your chemistry with the attorney
There should be a chemistry along with a sense of understanding between the client and the attorney. The attorney should relate to the situation and the problems his client has. He should be able to act in the best interest of his clients even during the most arduous situations. Consider consulting other attorneys if you feel the chemistry is off. The goal is to close the estate in the best possible manner without any consequences.
Also, see if the attorney provides for free consultation services. A good attorney should be okay with going on and finding a different attorney if they don’t find their ends meet. Finding a lawyer for probate litigation becomes inevitable when the fabric of the relationships or reputation is at stake. It can be a hectic task but you just cannot go without a lawyer to close down the estate of your loved ones especially when the matter is to be dealt in terms of huge amounts. Make sure you find an attorney who is able to gain your confidence and is willing to work with you.