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Montana Probate Litigation Attorney

Probate Litigation Attorney Montana

Gavel and the hands of a Probate Litigation Attorney Montana holding legal papersThose who have questions about probate or in part of the process already, can get help from a Montana probate litigation attorney that has experience in these types of cases. At Silverman Law Office, PLLC, we can guide you and your family through the complex process of handling a loved one’s assets after they have passed away. We know that during a period of grief, it can be even more difficult to figure out the nuances of probate and what the verbiage means. With our services, you can have peace of mind that your relative’s estate will be distributed fairly and respectfully. For assistance with probate, don’t hesitate to call us for more information.

Probate litigation is when a lawsuit is filed by a beneficiary or heir against an administrator, executor, or other third party. A beneficiary is someone that is entitled to property, such as real estate, cash, stocks, bonds, jewelry, mutual funds, etc. from a will that is undergoing probate. An heir is a person who expects to inherit from the estate in which no will is provided. An administrator is someone who is in charge of handling a probate estate that does not entail a will. An executor is an individual appointed by the deceased within the will who is in charge of handling the estate. The person who established the will is referred to as a testator, and is the person who passed away leaving behind assets that need to be distributed.

The intention of probate litigation is to obtain a beneficiary’s or an heir’s right to obtain inheritance. Litigation may be filed by an executor, administrator, beneficiary, or heir, as means to reclaim property that they believe is rightfully theirs or to have the court rule on the questionable actions of the executor or administrator. As a Montana probate litigation attorney explains, when a beneficiary or heir starts probate litigation, it is often to:

  • Contest someone being appointed as administrator or other duty
  • Have the court require an administrator or executor to fulfill a certain act
  • Have the court appoint or instruct an administrator or executor
  • Reclaim property that belongs to the probate estate
  • Remove an administrator or executor from their role
  • Suspend the powers of an administrator or executor
  • Enforce damages against an administrator or executor who has not handled the estate dutifully
  • Appoint an estate administrator or successor executor

It’s important to know when probate litigation is needed. For instance, if an executor does not respond to or denies your request to receive a copy of the will, then it may be necessary to start litigation. If an administrator or executor has been handling the estate for a year or more and does not properly transfer assets or keep records of accounts, then it may be the right time to initiate litigation. If you aren’t sure if your situation means that litigation should be filed, a Montana probate litigation attorney can assess what is going on and advise you further from there. Please call us at Silverman Law Office, PLLC if you have questions.

Navigating the Probate Process Step By Step

Dealing with an estate can be complicated, but with the help of a Montana probate litigation attorney, you’ll be able to navigate your next steps with ease – even when it comes to the probate process.

Probate, the legal process of settling a deceased person’s estate, can be a labyrinth of paperwork and frustration. To grasp its significance and streamline the journey, it’s important to understand the key steps involved. Read on to discover what to expect and how a probate lawyer can make the process more manageable, and get in touch with Silverman Law Office, PLLC to get started.

Step 1: Submitting The Will For Validation:

At the outset, the will is submitted for validation. This step ensures the document adheres to legal requirements and holds the deceased’s true intentions. Validation not only prevents potential disputes, but also upholds the integrity of the will. This first step sets a solid foundation for the entire probate process. Otherwise, you may need some help from a Montana litigation attorney.

Step 2: Notifying Beneficiaries:

Transparency is paramount when it comes to probate proceedings. Notifying beneficiaries of their roles and entitlements is a fundamental step. This early communication prepares beneficiaries for their involvement, minimizing confusion and potential conflicts down the line. The role of a probate lawyer at this point is to facilitate clear communication and maintain an environment of understanding.

Step 3: Locating And Transferring Assets:

Next, the assets outlined in the will need to be located and transferred. This task involves meticulous assessment and appraisal to ensure every asset is accounted for. A probate lawyer’s guidance is invaluable in navigating this phase, ensuring compliance with legal protocols and minimizing the risk of oversight.

Step 4: Settling Debts, Taxes, And Fees:

Before assets are distributed, financial obligations have to be settled. This includes addressing debts, taxes, and fees. The role of this step is to clear the estate of any encumbrances, enabling a seamless distribution process. A probate lawyer’s involvement here ensures that financial matters are handled systematically and in adherence to legal requirements.

Step 5: Distributing Assets To Heirs And Beneficiaries:

Finally, it’s time to distribute the contents of the will. This is the final step, and it may take several weeks or months to get here. This step involves following the will’s instructions meticulously, preserving the deceased’s legacy while providing heirs and beneficiaries their rightful shares. A probate lawyer’s oversight guarantees that distributions align with the will’s intent, minimizing the potential for disputes.

The Role Of A Probate Lawyer: Streamlining The Path:

A Montana probate litigation attorney is more than a legal professional: they can be a guide through the intricate probate landscape. From validating the will to overseeing asset transfers and debt settlements, their involvement streamlines the process. Their expertise ensures that legal requirements are met, conflicts are mitigated, and the probate process proceeds as smoothly as possible.

Get In Touch With Silverman Law Office, PLLC Today

The probate process might appear daunting, but once you understand its steps, it can be much more straightforward. If you’re dealing with a probate headache, get in touch with Silverman Law Office, PLLC to see how a Montana probate litigation attorney from our office can help.


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

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