Estate Litigation Lawyer Philadelphia Pennsylvania

Estate Litigation Lawyer Philadelphia, Pennsylvania

When a person dies, their debts must be organized and paid off before their heirs can receive any assets. These things are carried out through the probate court nearest to the location of the deceased’s residence. Probate is necessary with or without a will. However, when there is no will, the court will name a representative to handle the estate’s affairs. Furthermore, a judge will decide who gets what. Sometimes, the probate process does not go as smooth as it could, and a dispute arises. When this happens, an estate litigation lawyer Philadelphia, Pennsylvania has to offer should be consulted. 

Understanding Probate Litigation

Once a will has been filed with the probate court, the representative of the estate will have a legal duty to oversee a number of steps. Creditors and heirs have various rights and privileges, while at the same time, there are several limitations. Finally, a will is a matter of public record; thus can be viewed by anyone. At some point in the probate process, it is possible that not everyone who is involved, or believes they should be involved, will be satisfied with the outcome. For example, anyone who feels they have the right to claim part of the estate, or on the other hand, who believes another party should not have access to the estate, can file a litigation claim. 

As a Philadelphia, Pennsylvania estate litigation lawyer might tell you, this area of the law is considered to be one of the most contested areas. Estate litigation is likely to include heated emotions, extensive arguments, and a large amount of time and money. When a solution cannot be reached in an amicable manner, it is possible for a dispute to last for months or years. 

Why A Will May Be Disputed

There can be any given number of reasons to dispute a will. Our estate litigation lawyers in Philadelphia, Pennsylvania, have handled cases including:

• Undue influence
• Lack of mental capacity
• Duress
• Forgery
• There is more than one will
• The will was improperly signed
• There is no witness for a will 
• Assets have gone missing

Estate litigation might also include:

• The legal determination of a will
• How the will was written
• The construction of a will
• Breach of fiduciary duty
• A removal of the fiduciary duty
• Elective share litigation
• Accounting and financial-related matters

It should be understood that there is a period of time to contest a will. This will depend on the location of the probate claim. For example, this could be as little as 30 days; however, there are exceptions. A will contest is not something you should embark on without any thought. If you don’t know whether or not you have valid grounds to contest a will, you can talk with an estate planning lawyer in Philadelphia, Pennsylvania who also handles litigation matters. Call Klenk Law. 

Klenk Law has been litigating estates for years. Many of our cases have been successfully resolved before they were required to go to court. This is because we are masterful negotiators and mediators. A result like this can save an enormous amount of time, money, and energy. In the event we do take a case to court, count on our estate litigation lawyers in Philadelphia, Pennsylvania to fight for your rights and interests. Call us today.