Probate litigation Practice Center

The ownership of some assets can make them exempt from probate, and other estate planning techniques can also keep property out of probate court. If you have questions about your estate plan or about avoiding probate, contact us to schedule a consultation with an estate planning attorney for straightforward solutions that will work for you.

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Frequently Asked Questions about Probate Litigation

Q: What is probate?

A: Probate is the process by which a court determines whether or not a will is valid.

Q: What is probate litigation?

A: Probate litigation is civil litigation that is concerned with the issues surrounding the probate process, including will contests, estate administration and asset distribution. Probate litigation, like any other litigation, takes place in a courtroom in front of a judge or jury. It is important to understand that the remedies afforded by this type of litigation are limited.

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Probate Litigation - An Overview

Estate administration and probate litigation can be time consuming and confusing. A competent and experienced probate and estate administration attorney from Burandt, Adamski & Feichthaler, PL in Cape Coral, FL, can facilitate this often-difficult process in a timely and effective manner. If you need help in the administration of an estate, contact Burandt, Adamski & Feichthaler, PL today.

Probate litigation involves both probate court and civil court. Before or after a will has been submitted for probate, an individual with standing to make a claim attacking the validity of the will can bring that claim before the probate court. A probate judge will hear the claim and determine if there is an issue relating to the will's validity. If there is an issue, the judge will send the claim to civil court.

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When Do I Need A Probate Lawyer?

The probate process is lengthy, requiring strict attention to detail and experience handling multiple legal tasks at once. A knowledgeable probate attorney understands the implications of the interplay between administration, distribution and closure of an estate.

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Will Contests: Who May Bring a Claim?

Will contests are one of many forms of probate litigation. The nuances involved can be complex. An experienced probate litigation attorney will be able to walk you through the process and be your advocate.

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Probate Litigation: What to Expect and How It Will Happen

The probate litigation process is similar to other civil litigation. A knowledgeable and experienced probate litigation attorney can assist you at every stage of this process. Contact our firm to schedule a consultation with an attorney to discuss whether and how to move forward with your probate litigation claim.

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How to Avoid Probate Litigation

While you cannot keep relatives from fighting after your death, there are several tools you can use during your lifetime to help your estate avoid probate.

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Probate Litigation Resource Links

Getting Ready for Estate Planning
This site from Purdue University outlines a six-step guide to preparing for estate planning.

Probate Statutes by State
A website listing probate statutes by state provided by the Legal Information Institute at Cornell University.

Who Gets Grandma's Yellow Pie Plate?
The University of Minnesota offers advice on estate planning and personal property.

Estate Planning Articles
Information on the important issues surrounding estate planning, provided by MarketWatch.com.

Estate Planning Guide
This resource, provided by the American Association of Retired Persons (AARP), includes in-depth information about practical considerations of estate planning.

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