A Guide to Probate Litigation


The death of a loved one is tragic news. The last thing you would want is to face legal obligations with the grief associated. There are a lot of legal actions that need to be taken by the loved ones of the deceased. It is best to have knowledge about all the legal technicalities that can come if the probate does not go smoothly or as you expected it.

What is Probate Litigation?

Probate litigation is a legal lawsuit filed by the heir or beneficiary to challenge the working of the executor or administrator. The heir or beneficiary can also contest the will to obtain the rightful inheritance. Moreover, probate litigation can also be filed by the executor and administrator to reclaim legitimate probate estate. 

What Objections Can I Address During Probate Litigation?

  1. If you should have been a beneficiary: If you are the heir of the deceased but were wrongfully removed from the deceased’s last will, you can prove yourself and get your rightful inheritance back.
  2. If someone unrelated or unexpectedly was a beneficiary: If you believe that someone who is not closely related to the testator is somehow made the beneficiary in the will, you can contest against them.
  3. If you doubt that the testator wrote their will forcibly: If you were close to the deceased and knew about their personal relations and think they might have been forced into writing and signing the will, you can prove that in the probate court through probate litigation.
  4. To contest the appointment of an executor or administrator: If you think that the executor chosen by the testator or the administrator appointed by the court is corrupt. Or, if they are not working in the best interest of the deceased or are involved in the theft of the probate property to gain personal benefits, you can get them removed by applying probate litigation.
  5. If the executor or administrator fails to carry out their duties: If the executor or the administrator is working on the probate process for a long time but cannot achieve as wished by the last will, you can apply probate litigation against them.

About Castle Wealth Group

Do you want consultants to help with probate litigation? At Castle Wealth Group, we build a perfect strategy for your retirement, including income planning, investment planning, tax planning, health care planning, legacy planning, and Medicaid planning attorney. Visit our website or call us at 844.885.4200 or email us for your financial advice.

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