Probate Litigation Attorneys in Melrose, MA Assisting Families and Beneficiaries With Probate Disputes

Often after the death of a loved one, problems arise over disputed issues in their Last Will and Testament. Many individuals are not happy with the circumstances surrounding the will as they feel that the execution does not respect the deceased’s final wishes. If this is the case, you have a legal right to challenge the probate proceedings in court. Conversely, if you are the executor of the will or feel that the terms of the will are valid, you will need the skill of an experienced probate litigation lawyer.

Frequently, probate litigation cases involve family members who perhaps have not been on the best of terms to begin with, and the death of a loved one can quickly escalate the issues that were already present. Having an experienced probate litigation attorney to assist you during this stressful and overwhelming time can cause you to have greater peace of mind while we work to work out all of the legal details that surround your case.

How are Most Probate Disputes Resolved in Massachusetts?

In Massachusetts, the majority of probate disputes are resolved through the process of negotiation among all of the parties who have an interest in the outcome and their respective legal counsels.

In many probate litigation cases, the disputes can be resolved through means of arbitration, where the issues are settled outside of the court system through the means of an impartial third party. The third-party listens to the various issues that have brought the case before them and will then render a decision.

Another possible solution involves mediation, where all interested parties take part in negotiations that are assisted by a neutral third party. The third-party assists the disputing parties in being able to voluntarily reach a decision that can benefit all who are involved.

Our attorneys at the Martino Law Group, LLC have many resources at our disposal that we can utilize when it comes to settling probate disputes in a reasonable manner. We are firmly committed to helping clients resolve their differences in a kind and compassionate manner with the hope that all parties ultimately feel satisfied with the outcome.

What is Important to Know About the Process of Probate Litigation?

If you and other family members, heirs, or beneficiaries of a will cannot seem to agree to the terms or do not feel that it is being executed correctly, then there are some important facts that you should be aware of before entering into probate litigation.

Probate litigation can be very expensive, depending on the individual facts that surround the case. Some important aspects of probate litigation include the following:

Cases that enter into probate litigation eventually are resolved, and the outcome may not be what you expected and hoped for when taking the case to court. It is far better to attempt to negotiate with the other interested parties and reach a mutually satisfying decision than to leave it in the hands of the court to decide.

Even if you end up winning at trial, the entire legal process may have significantly drained money from the estate, with little left for the beneficiaries as a result.

However, obtaining legal representation from a qualified and experienced criminal attorney can significantly increase your chances of being able to come to a mutually satisfying agreement with the other parties involved in the dispute

What Factors Need to be Present to Contest a Will or Trust?

Probate litigation attorneys get involved in probate disputes when four issues are found to be reasonable to institute legal proceedings:

• Undue influence was used to cause the individual who created the will, known as the testator, to alter or change the document in order to pursue their own self-interest.
• There was a lack of mental capacity on the part of the testator, which could render the will invalid. The legal argument could be presented that they did not have the capability necessary to make an informed decision.
• There is evidence of fraud. If a signature looks suspicious or forged, there is room for doubt as to the authenticity of the will. Additionally, the testator could have been deceived as to the value or whereabouts of items of value included in the will.
• The will was improperly executed. A will must be signed, properly witnessed, and notarized in order for it to be considered legally valid. The failure of any of these elements to be present could constitute a reasonable legal argument as to why the Will should be contested.

How Can a Probate Litigation Attorney Help Me?

A probate litigation attorney is capable of providing legal representation in situations where a will or a trust has been contested. It is important to understand that a probate litigation attorney is different from an estate planning attorney. An estate planning attorney mainly deals with wills and trusts and will not represent you in court over a dispute involving probate issues.

In contrast, a probate litigation attorney is actually a trial attorney who also has experience in estate planning, wills, and trusts. However, they are also qualified to go to court and deal with the various legal processes that are involved in disputes regarding wills and trusts.

The attorneys of the Martino Law Group, LLC have a vast amount of experience in handling probate litigation cases. Our main overall goal is to assist our clients in resolving probation disputes so that families and other beneficiaries experience the least amount of stress and anxiety when attempting to reconcile their differences.

Contact the law offices of the Martino Law Group, LLC by calling (781) 531-8673 and ask to schedule a free consultation with a member of our legal team. We will be happy to review your case and help you make a decision as to how to best move forward with your case.