Probate litigation usually occurs when:
1. There is no estate plan in place
2. The estate plan was changed near the end of the deceased’s life
3. Someone got cut out of the will
4. The terms of the will or the trust have not been followed
There are generally two reasons to avoid probate litigation when possible:
1. Cost: Litigation is expensive. Most lawyers will bill by the hour and document review, document production, and court time are all very time consuming. There are times when the attorneys get more than the heirs.
2. Destruction of the Family: This is the hard unknown cost anytime relatives start fighting.
How to avoid probate litigation:
1. Put an estate plan in place.
2. Make your intentions clear in your plan and consider a letter explaining your reasoning.
3. Hire a competent attorney who can testify as to what your desires are and why you chose your actions
4. Do not change your estate plan to favor an heir when you are living with such heir.
For further information please contact me at http://www.attorneydrew.com