Probate Litigation

A decade setting affairs

Probate litigation, or estate litigation, occurs when no will was drafted by the deceased and/or disputes arise over the administration or distribution of a decedent’s estate. Probate litigation is the process by which such disputes are resolved. Probate litigation can take the form of a Court´s Estate Adjudication or a challenge to a will.

In a perfect world, all persons take care of its affairs by drafting wills. Such Wills ought to be clearly drafted, interpreted and honored; all trusts would be seamlessly implemented as written; the rights of beneficiaries and the wishes of decedents would be understood; an all parties would act in good faith. Unfortunately, in the real world, controversies do arise because there are no Wills or the existing one carries ambiguities, competing interests or there are dishonest intentions.

In Probate proceedings, time is of the essence

Oftentimes disputes can occur even when a will has been executed. Family members, beneficiaries or potential beneficiaries disagree over whether or not a will is valid and how it should be interpreted. Issues with disinherited heirs, undue influence, duress, or the capacity of the decedent are common problems that can lead to a lawsuit. A common occurrence in blended families occurs when when one person feels that he or she was overlooked or that he or she received less than other family members. Disagreements are also common between beneficiaries of the will and the personal representative. Family members may disagree over who should act as the personal representative, or about financial decisions made by the personal representative. When the personal representative is also a beneficiary, then concerns over potential conflicts of interest can lead to litigation.

Probate litigation is a unique area of law, and Family court has its own special set of rules. Contested probate can tear apart families and friends, and our attorneys work hard to minimize the damage. We are qualified to handle these complex matters, as they have both breadth and depth of knowledge in litigation and an advanced understanding of Family Law and Estates. We represent families, heirs, fiduciaries and creditors in a wide range of probate litigation matters.

In most Mexican probate litigation scenarios, you only have a short period of time to contest a will or other probate dispute. That is why it is so very important for you to contact us as soon as possible and avoid the prospect of your claim being barred. If you need experienced counsel to contest a will, or believe you have been denied your just inheritance through the improper use or administration of a trust, call us immediately for assistance.

Published

December 7, 2017

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