People who face probate litigation are experiencing a wide range of emotions. In addition to bearing the emotional toll of a loved one’s passing, they are managing the stress of probate litigation. It isn’t uncommon for families to be tied up in bitter disputes for long periods.
Seeking out legal counsel is the first step towards finding the resolution you—and even the other members of your family need. To make the process more efficient, there are several things you can do before meeting with your attorney for the first time. The more information he has, the better position he will be in to represent you and your interests.
Gather Documentation
One of the most important documents that you can get is the death certificate. Several copies of these will be sent to every relevant party. For example, a death certificate will be required before life insurance can be issued.
Another critical piece of documentation is the will or estate plan that the deceased left behind. If someone has objections to the will, your attorney must be able to read, see, and analyze it. The will likely names an executor, and this is someone your attorney may or may not have to contact depending on your unique circumstances.
Lastly, gather any financial information you can. This includes bank statements, retirement accounts, lists of properties, tax returns, and life insurance policies. That list is not exhaustive, but you want to give your attorney a way to see the financial landscape. Assets and property—and everything else left behind by the decedent—will pass through probate (unless a trust was created).
Understand Your Issue
The passing of a loved one is a difficult time. Probate litigation complicates it further. People going through this may be stressed and frustrated, all while trying to grieve.
The issues and objections that lead to probate litigation may be challenging to explain. Take the time to write out the family members involved in the dispute, their objections, and the issues that need to be resolved. And what you hope to get out of probate litigation.
Luis E. Barreto & Associates
If you are facing the possibility of probate litigation or have further questions, contact Luis E. Barreto & Associates for a free initial consultation. During this challenging time in your life, we want you to know that you have professional legal counseling to help you navigate the road ahead.
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