It is normal for disputes to arise during the probate process. Unfortunately, conflicts caused by simple misunderstandings, undue influence, and greed can involve close family members. The disputes can tear the family apart, particularly when family members are grieving. At Applegate & Dillman Elder Law, we acknowledge how tough it can be to experience a contested probate process.
We have what it takes to mediate these conflicts and ensure you have an early settlement before undergoing the costly process of litigation. We also have a successful record of providing legal support needed during probate litigation.
When is Probate Litigation Necessary?
Probate litigation is when court intervention is requested to settle probate conflicts. Some of the common issues that may warrant probate litigation include:
- Will validity disputes
- Spousal election conflicts
- Breach of trust
- Mental capacity to execute a will
- Violation of will or trust administration
- Breach of fiduciary interest
- Undue influence
At Applegate & Dillman Elder Law, we represent family members, heirs, personal representatives, and other parties involved in will and trust contests. Whether you feel that the will or trust was not created according to legal procedures or there were gifts issued to unexpected people, you have the chance to request court intervention. When you reach out to us, we will evaluate your situation to determine whether probate litigation is the right path to follow.
Who has the Ability to Challenge a Will?
A request to challenge a will can only be made by certain people who would be financially and personally affected by the terms of the will if it is accepted as is. Here are some of the individuals with a legal standing to challenge a will:
- Disinherited heirs-at-law.
- Fiduciaries and beneficiaries mentioned in a previous will.
- Individuals not mentioned in the will, but who would inherit the estate if the judge revokes the will.
- Any heir or beneficiary mentioned in the will.
Can You Mediate a Will Contest?
Mediation can be an excellent way to resolve a will contest dispute. The mediation process involves two parties; the mediator and the parties in the conflict. A will mediator should be a neutral party appointed by the conflicting parties to conduct the mediation. Therefore, it is essential to choose a mediator who has no interest in the matter in question to help you reach an agreement faster.
At Applegate & Dillman Elder Law, we have experience helping families reach a common ground that makes every family member comfortable. We have attended similar mediations and have a proven record of helping conflicting parties achieve the desired outcome within the expected turnaround time.
Why Choose Applegate & Dillman Elder Law?
We have been in practice for more than ten years and have the experience required to help clients avoid lengthy court processes. Our priority is to guide you through every step if you go the probate litigation route.
We will offer the confidence you need knowing that these complicated issues are handled professionally. Contact us online or call us at (317) 492-9569 to schedule an appointment with an Indiana probate litigation attorney.