Probate Litigation in Vancouver, WA
Protect your interest in the estate.
What is Probate Litigation?
Probate litigation in Vancouver, WA, takes place when an interested party makes a claim or raises a dispute during the Probate process and, as a beneficiary, you need to protect your interest in the estate.
Probate is the process whereby a decedent’s (person who has passed) Will is filled with the court and the State recognizes a person to manage the deceased’s estate. Wills name Executors or Personal Representatives. Otherwise, if there is no Will, the State selects an Administrator.
Probate begins when the Executor submits to the court the decedent’s Will and valid death certificate. When no Will exists, Probate begins when an interested party Petitions the Court to be an administrator – the court will then issue Letters of Administration. If the decedent had a valid Will, the court will issue Letters Testamentary. Both Letters of Administration and Letters Testamentary give the Personal Representative the authority to act on behalf of the estate, and “marshal” the estate. That is, gain access to financial accounts and property.
Probate litigation in Vancouver, WA, takes place when an interested party believes that a wrong was done at some point in this process, or if there a nefarious dealings during the administration of the estate. At this point, it is important to retain a probate litigation attorney and file the appropriate petition.
Protect what is rightfully yours
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Examples of Probate Litigation
Will Contest
An interested person wishes to challenge the entire Will’s validity. This is usually based on the drafter of the Will not having capacity to complete a Will or if the drafter was under undue influence when deciding their beneficiaries.
Executor Fee Disputes
When an interested person believes the personal representative has overcharged the estate. An experienced probate litigation lawyer can follow the procedures and evidentiary rules to provide the judge with the evidence and testimony to allow the judge to demand fees returned.
Guardianship Disputes
Though not technically a Probate Litigation matter, Guardianships are often thought of as probate matters as the same court hears them as many other Probate Litigation matters. See Guardianship Disputes.
Administrator Appointments
If there is no Will and the family cannot agree on who should serve as Administrator. Disputes over who serves as Administrator may result in a contested hearing and having a judge decide who should serve as personal representative of the estate. Having an experienced probate litigation attorney is vital. The judge only allows a short time for evidence and testimony. Improper procedures and evidentiary failures may result in the wrong person may gain control over the estate.
Formal Accountings
When an interested person, usually a beneficiary, believes the Executor is not providing adequate information or has engaged in self-dealing.
Trustee Removals
When the Trustee that is appointed by a Revocable Living Trust, or if a Will forms a Testamentary Trust, a dispute over the Trustee’s appointment is Probate Litigation. Reasons for their removal can be for self-dealing, lack of administration, abuse of discretion, excessive fees paid, conflict of interest, and others.