What Steps Should Beneficiaries Take During Probate Litigation?

When a person passes away, her assets are distributed to her heirs through the probate process. During this process, beneficiaries may become concerned about the proceedings, and may need to take legal action to address certain issues. Sometimes this results in allegations of misconduct by the executor of the estate, or a beneficiary who disputes the validity of a will that was filed in probate court. Probate litigation may be necessary to protect the rights of beneficiaries or address other legal issues. The probate litigation process can be complex, but an experienced attorney can provide legal help and representation to ensure that legal issues are addressed effectively. 

Common Probate Litigation Issues

During the probate process, beneficiaries may contest a will on several grounds, including:

• Lack of testamentary capacity: A beneficiary may believe that their loved one did not understand the terms of her will when she signed or updated it.
• Undue influence or coercion: One or more people may have exerted influence on the deceased and convinced her to change her will in a way that would benefit certain parties.
• Fraud or forgery: A beneficiary may believe that a will was changed after it was signed or that a new will was created and signed by someone other than the deceased.
• Failure to adhere to legal formalities: It may be possible to show that a will is invalid because it was not executed correctly, such as by demonstrating that witnesses were not present when it was signed.

Beneficiaries may also take steps to address misconduct by the executor of an estate. The executor will have a legal duty to protect the legal and financial interests of the estate and the beneficiaries. Allegations of misconduct may include mismanagement of estate assets, failure to distribute assets according to the terms of the will, self-dealing or conflicts of interest, or failure to provide an accounting of the estate’s assets and the ways they were distributed.

Steps to Follow During Probate Litigation

1. Consult with an attorney: The first and most crucial step for beneficiaries during probate litigation is to get legal help from a lawyer who has experience with probate and estate law. A knowledgeable attorney can assess the merits of a case, provide guidance on the legal options available, and represent beneficiaries during litigation.
2. File a petition: To initiate probate litigation, a person will need to file a petition with the probate court. This petition outlines the person’s grievances and requests the court’s intervention. It is essential to ensure that a petition is detailed and accurately addresses the issues at hand.
3. Gather evidence: Collecting and presenting evidence is vital in probate litigation. Depending on the nature of the dispute, this evidence may include copies of the will and any prior versions, medical records or expert testimony regarding the decedent’s mental capacity, documentation of the actions taken by the executor actions, financial records related to the estate’s assets, and witness statements and affidavits. An attorney can help identify and compile the necessary evidence to build a strong case.
4. Attend hearings: Probate litigation typically involves several court hearings. These hearings provide an opportunity to present evidence, call witnesses, and make legal arguments. An attorney will provide representation during these hearings, ensuring that a beneficiary’s case is effectively communicated to the judge.
5. Mediation and settlement: In some cases, it may be possible to resolve disputes by negotiating a settlement outside of court. Mediation can be an effective way to reach agreements. This can help avoid a lengthy court battle. An attorney can provide guidance and representation during this process, working to negotiate favorable agreements.
6. Court ruling: If disputes cannot be resolved out of court, the judge will issue a ruling based on the evidence and arguments presented. 

Contact Our Naperville, IL Probate Litigation Lawyer

Probate litigation may involve a variety of complex legal issues, and the assistance of an attorney can be crucial to ensure that a beneficiary’s rights and interests are protected. At the Gierach Law Firm, our experienced DuPage County probate litigation attorney can help present a strong, evidence-backed case while working to resolve disputes effectively. Call our office at 630-228-9413 to schedule a consultation and get the legal help you need.