Professional Probate Litigation Services
If you require assistance with protecting the estate and wishes of a loved one who has passed, our Kalispell, MT probate litigation lawyers can help you. When family members or friends dispute the validity of a will or estate plan, these disputes can complicate the process of probate and put the wishes of the deceased in jeopardy. Our team knows that litigation and legal battles are the last thing that you want while mourning the loss of a loved one. We will work hard to ensure that the will is valid and that the true wishes of the deceased are honored in the distribution of assets and property. To discuss your case with our lawyers, contact the Silverman Law Offices, PLLC today to schedule a consultation.
What Is Probate?
Probate is the process by which the will and estate of the deceased is verified, a representative of the estate is appointed, assets and property of the estate are evaluated, and the distribution of said assets and property is monitored and carried out according to the deceased’s wishes. If you wish to contest the validity of the will or if a friend or family member unjustly contests the will’s validity, our Kalispell probate litigation attorneys can help you protect the wishes of the deceased and your interests within the process of probate.
A will might be contested if the will was not properly drafted or executed, if the will was drafted or updated when the author of the will did not have the mental capacity to do so or was under coercion or duress, or if the will contains fraud or is fraudulent entirely. Whether you wish to contest the will for one of these or another reason or you wish to fight back against someone illegitimately contesting the will, we can assist you.
What Does Probate Litigation Entail?
Probate litigation involves filing a lawsuit against an executor, administrator, or third party involved in the will. This could include a beneficiary or heir. Our Montana probate litigation lawyers can help you initiate a lawsuit and defend yourself if one is filed against you. We will handle all filings, negotiations, and represent you in court if necessary. Our role is to protect the interests of the deceased, your interests, and the validity of the will and estate plan against unjust or illegitimate claims.
Contact An Experienced Lawyer Today
The probate process can be long and complicated, especially when litigation is involved. Receiving the aid of an experienced probate litigation lawyer as soon as possible is crucial in order to protect your interests and avoid unnecessary delays and complications with the process.
We know how difficult the loss of a loved one is, especially if their wishes are being contested or attacked during the probate process. We will work hard for you so that you can focus on your personal needs and responsibilities during this difficult time. Do not hesitate to seek legal assistance. Contact our team at Silverman Law Office, PLLC today to schedule a consultation and discover how we can assist you with your needs.
What To Expect During The Probate Litigation Process
The probate litigation process can be complex and emotionally taxing, involving numerous legal steps to resolve disputes related to the administration of a deceased person’s estate. Understanding what to expect during this process and hiring a Kalispell, MT probate litigation lawyer can help you navigate it more effectively. Here’s an overview of the key stages and what you can anticipate at each step.
1. Initial Consultation With A Probate Litigation Lawyer
The first step in the probate litigation process is to consult with a probate litigation lawyer. During this initial meeting, you’ll discuss the specifics of your case, including any disputes or concerns you have about the estate. The lawyer will evaluate the merits of your case, explain your legal options, and outline the next steps. This consultation is crucial for understanding your position and developing a strategy for moving forward.
2. Filing A Petition Or Objection
Once you’ve decided to proceed with probate litigation, your lawyer will help you file the necessary legal documents. This typically involves submitting a petition to the probate court or filing an objection if you’re contesting a will or trust. The petition outlines your claims and the relief you’re seeking. This step officially initiates the litigation process and notifies all interested parties of the dispute.
3. Discovery Phase
The discovery phase is a critical part of probate litigation, during which both sides gather evidence to support their positions. This phase involves:
- Depositions: Sworn, out-of-court testimonies of witnesses and parties involved in the case.
- Interrogatories: Written questions that require written answers under oath.
- Document Requests: Requests for relevant documents, such as financial records, correspondence, and other evidence.
During discovery, your lawyer will work to obtain information that supports your claims and refutes the opposing side’s arguments. This phase can be lengthy and requires careful attention to detail.
4. Pre-Trial Motions And Hearings
Before the case goes to trial, there may be several pre-trial motions and hearings. These motions can address various issues, such as requests to dismiss certain claims, compel the production of documents, or resolve specific legal questions. Pre-trial hearings help streamline the issues for trial and can sometimes lead to settlements if both parties agree on certain points.
5. Mediation Or Settlement Negotiations
Probate litigation cases often involve mediation or settlement negotiations as an alternative to a full trial. Mediation is a voluntary process where a neutral third party (mediator) helps the disputing parties reach a mutually acceptable resolution. Settlement negotiations can also occur informally between the parties and their lawyers. Resolving disputes through mediation or settlement can save time, reduce costs, and alleviate some of the emotional stress associated with litigation.
6. Trial
If mediation or settlement negotiations are unsuccessful, the case proceeds to trial. During the trial, both sides present their evidence and arguments before a judge (and sometimes a jury). Witnesses may be called to testify, and experts may be brought in to provide specialized knowledge. The judge (or jury) will then make a decision based on the evidence presented.
Conclusion
Navigating the probate litigation process requires patience, diligence, and skilled legal representation. By understanding each stage of the process, you can better prepare for the challenges ahead and work effectively with a Kalispell probate litigation lawyer from Silverman Law Office, PLLC to protect your interests.
