What Is Probate Litigation?

When your loved one sadly passes away, their estate will likely be administered through the legal process of probate. But if you have any doubts or disagreements with how this legal process is going, you may find yourself pleading your case in what is known as probate litigation. With that being said, please read on to discover more about probate litigation and how one of the seasoned Butler County probate attorneys at Heritage Elder Law & Estate Planning, LLC can assist you if you ever find yourself having to navigate these proceedings.

What is probate litigation in the Commonwealth of Pennsylvania?

As touched on above, probate litigation in the Commonwealth of Pennsylvania is the legal process of resolving disputes, usually amongst family members designated as beneficiaries, that typically arise during the probate process of an estate. Through this process, the Pennsylvania probate court is supposed to ensure and confirm your loved one’s true intentions with their estate are met as closely as possible. Further, the court will take the time to comb through your loved one’s Last Will and Testament, and later apply federal and state probate laws where necessary to ultimately make fair decisions on their estate’s administration.

When is probate litigation considered to be necessary?

Importantly, you should not put yourself and your family members through the emotionally draining process of probate litigation if you simply disagree with your loved one’s estate administration plans for subjective and personal reasons. For example, it can be argued that such a contention is unnecessary if you merely find it “unfair” that your younger sibling inherited your family home instead of yourself. But you may most definitely have grounds to initiate probate litigation if you believe any of the following circumstances apply to your loved one’s estate plan:

• You find that your loved one’s Last Will and Testament has left unclear instructions that require outside intervention to clarify.
• You find that your loved one’s Last Will and Testament indicates out-of-character wishes that were possibly made under undue influence.
• You find that your loved one’s estate is being mismanaged by the designated executor, with a reappointment being made necessary.
• You find that the Commonwealth of Pennsylvania’s intestacy laws are not being accurately followed when your loved one dies without a will.

If any of the aforementioned findings resonate with you, then go forth and file a petition to contest your loved one’s will or challenge your loved one’s estate administration. To better understand your legal rights in the matter at hand, please seek the advisement of one of the sound and competent Butler County probate attorneys. Please feel confident in knowing that our team at Heritage Elder Law & Estate Planning, LLC has significant experience in handling legal cases just like yours. So call us today.