Probate Litigation Attorney Montana
Those 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.