Probate of Estates
Probate litigation in Atlanta can be a complicated legal process, involving a court-appointed administrator or executor who will oversee property and asset transfers from a decedent to surviving families and beneficiaries. When a person passes away, probate is not just used to determine how their assets must be administered to loved ones, but also how debts will be paid off and any disputes resolved.
If you are facing the probate process, you need to retain an experienced estate probate lawyer in Atlanta who can effectively guide you through each and every step. At Meyring Law Firm, we have 10+ years of combined legal experience and are skilled at handling complex Atlanta probate attorney litigation proceedings.
We can confidently assist you with the following:
- Drafting and executing a will — Ensuring that this state of the process is ironclad will mitigate the potential for extended probate litigation later on.
- Completing requirements for filing and processing — This will ease the burden and guarantee that all formalities and loose ends are tied up.
- Reporting to the court for probate or estate matters — Resolving the timeliness of the process at each stage of probate with the proper attention to each step of estate matters so that you can understand the management of the proceedings and faithfully execute your duties.
- Resolving issues with asset distribution — We will manage the aspects of the estate so that issues concerning how property and other benefits are delivered to beneficiaries are handled with the utmost care and transparency.
- Estate litigation, when necessary — This is, unfortunately, unavoidable at times. We will work with our experienced legal team to expedite the process and defend benefit claims in a just manner.
The legal team at Meyring Law Firm is here to provide the meaningful probate litigation attorney insight you need during this time. Call to set up an initial appointment or fill out a case evaluation.
What Is Probate Litigation?
The unfortunate reality is that while many believe that just by having a will in place, their final wishes will be carried out as specified. When dealing with large estates, bank accounts and properties or a variety of debt claims and other circumstances surrounding the deceased’s estate, disputes can inevitably arise. This is where probate litigation comes in.
Probate litigation, in short, is the contesting of a will. The goal of such litigation is to provide an amicable solution to these disputes through a court of law. This will, ideally, resolve outstanding tax liabilities, allow the appropriate heirs to receive their benefits and achieve an outcome that is resolute.
Due to laws on limitation, timeliness is of the essence when disputing a claim in probate court. Add to it the very fragile nature of the circumstances, the familial aspects that can prove harmful to lifelong relationships, and all of it puts an utmost necessity on seeking experienced probate litigation professionals as soon as possible.
What Could Cause A Probate Dispute?
There can be numerous reasons why a will may be contested in probate court. First, if the document was written in a manner that leaves gaps in the estate or otherwise failed to account for certain aspects of holdings, this can create a situation in which disputes can occur. This places a premiere importance on having a will handled by a professional attorney with a background in trusts and wills.
With that said, a will can be contested on a multitude of grounds. One common reason a will may be disputed in probate court concerns claims of undue influence. This reason for a dispute can be pressed for any number of reasons. It may be that there was a concern that the original will was written under the pretense of duress, that there was pressure or coercion to have the will written to benefit one party over others.
There may also be medical concerns. This is particular when the deceased was elderly at the time of the will and possibly experiencing symptoms or onset of diseases like Alzheimer’s that have a pronounced effect on mental faculties. The same can hold true when someone decides to create a will in the midst of an ongoing medical treatment in expectation that there is a chance of death. These may all constitute grounds for probate litigation.
Other reasons may occur when complete inventories of the estate and its property are not distributed amongst beneficiaries, creating an environment that lacks transparency. These same concerns about transparency also pertain to when information about creditors and outstanding debts are not fully disclosed. In the same respect, when one beneficiary enjoys the full benefits of the estate, this can prove challenging for other family members and can lead to contestment in court.
Further reasons for why probate litigation may be necessary regard differences of opinion over who will take over as personal representative (the bank or trust appointed to administer the estate). There can also be disputes over issues such as guardianship or whether beneficiaries are performing their fiduciary duties to the full extent expected.
What are my responsibilities as a personal representative?
During probate, you can request to be appointed as a personal representative by the court. If approved, you will take an oath that promises to keep the estate’s best interest in mind. In this role, you hold the responsibility of ensuring the estate is settled properly. A “letters of testamentary” document will be issued by the court that gives you certain authority to carry out these responsibilities.
Under this document, you will have the authority to do the following:
- Collect descendant’s personal assets
- Professionally appraise all assets and property
- Sell assets to put towards debts, taxes, or inheritance
- Distribute remaining property according to the will
Though some of these responsibilities may seem straightforward, it is strongly advised that you have an probate litigation in Atlanta from a reputable probate law firm help with the various aspects and issues that can arise in the probate process. Our Atlanta probate litigation attorney team at Meyring Law Firm never strays from providing trusted legal advice and guidance, ensuring the process is streamlined from beginning to end.
To get started, feel free to reach out to our Atlanta probate attorney at our probate law firm. We are ready to assist you at this time.