What Are Some High Risk Factors For Probate Litigation To Occur?

The three most common cases of probate litigation are unclear terms in the will, accusations of fraud, and undue influence.

How Does Probate Litigation Affect The Probate Process?

Litigation slows down the process greatly because terms have to be given, which can extend the petition and hearing for months at a time. By slowing down the probate process, it will also make the process much more expensive.

Is The Probate Court Always Involved To Transfer Assets When Someone Dies?

Probate court does not always have to be a part of the situation. If the decedent did not own any real property or any personal property with titles, he probably has a small estate and probate will not even need to be opened.

What Are Non-Probate Assets?

There are a few primary non-probate assets, those being life insurance that is made payable to a specific beneficiary and anything that is held in a trust.

Who Is Able To Contest A Will Or An Estate?

Almost anyone can contest a will but usually, it would be the people who are named in the will or who are related in some way to the decedent and are unhappy with how the probate process is unfolding.

How Can The Validity Of a Will Or Trust Be Determined?

There is only one way to determine the validity of a will if it is contested, and that is for a judge to make that decision. He or she will take testimony from anyone who has any relevant information and even experts, such as handwriting experts, and then make the decision.

Can A Decision Made By The Probate Court Judge Be Appealed?

A probate judge can file order and that order can be appealed, first to the Circuit Court and from there, up to the Court of Appeals.

Do I Need An Attorney For Probate Or Trust Litigation?

You need an attorney who knows the probate process to help you in litigating any probate issue or any issue that arises in a trust. There are many rules of evidence and court rules that have to be followed and laypeople just do not know those rules.

How Can I Avoid Probate Litigation?

The best way to avoid probate litigation is to avoid the probate process at all by having a living trust. If you do not have one, the next best way is to have a clear will prepared by an attorney, who is familiar with probate.

For more information on Probate Litigation In South Carolina, a Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.

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