(781) 531-8673Probate 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 settle all of the legal details that surround your case. If you need help settling probate disputes or if you are starting your estate planning journey, Martino Law Group, LLC, has the legal services you need.
What is Probate?
When someone dies, their estate must be settled in accordance with Massachusetts probate law. This process involves inventorying the decedent’s assets, notifying their creditors, paying outstanding debts, and distributing the remaining assets according to the decedent’s will.
Just about every estate must pass through probate, with or without a will. Estates that are missing a will often lead to more disputes as the decedent’s family members may disagree on the decedent’s final wishes.
With proper estate planning strategies, you can minimize the impact of the probate process, lessen the tax burden on your estate, and help your family maintain privacy during the administration of your estate. Contact Martino Law Group, LLC, to find out how one of our experienced estate planning attorneys can help get your estate planning kicked off in the right direction. Comprehensive estate planning often leads to fewer disputes among your heirs because your wishes are well-known before you pass away.
How are Most Probate Disputes Resolved in Massachusetts?
In Massachusetts, the majority of probate disputes are resolved through negotiation among all parties interested in the outcome and their respective legal counsels. This can be beneficiaries, potential heirs, family members, and close friends.
In many probate litigation cases, disputes can be resolved through arbitration, where the issues are settled outside of the court system by an impartial third party. The third-party listens to the various issues that have brought the case before them and then renders a decision. The arbitrator’s decision is legally binding.
Another possible solution involves mediation, where all interested parties take part in negotiations assisted by a neutral third party. The third party assists the disputing parties in voluntarily reaching a decision that can benefit all involved. Mediation is the preferred method of settling probate disputes because it encourages negotiation and open communication among the interested parties. Mediation agreements become legally binding once they are signed.
The experienced attorneys at Martino Law Group, LLC, have many resources available to settle probate disputes in a reasonable manner. We are firmly committed to helping clients resolve their differences in a kind and compassionate manner, hoping that all parties ultimately feel satisfied with the outcome. We strive for legal excellence in all that we do, which means you can count on us to help settle your disputes.
What is Important to Know About the Process of Probate Litigation?
Suppose 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. In that case, 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 are eventually 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 win at trial, the entire legal process may have significantly drained money from the estate, leaving little for the beneficiaries.
- Whether you win or lose, you will likely create ill will and animosity between you and the decedent’s other family members. Contact our law firm to schedule a free consultation to ensure litigation is not only called for but worth it.
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. Litigation should never be the first resort as it can be expensive, delay probate, and result in the destruction of familial relationships.
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.
If a will has a no-contest clause, the beneficiary who contests the will risks losing their entire share of their inheritance should they lose. Testators use these clauses when they are sure a dispute will arise about the details of their will, and they want to encourage their family to accept the will as it is written.
How Can a Probate Litigation Attorney Help You?
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. Our firm is well-verse in Massachusetts probate law, and we have the experience needed to help you settle probate disputes before they get out of control.
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 Martino Law Group, LLC, by calling (781) 531-8673 and asking to schedule a free consultation with an experienced attorney. We will be happy to review your case and help you decide how to proceed. If you are starting the estate planning process and you want to minimize the potential of litigation after your death, we can help with our comprehensive legal services.