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Why Would I Need a Probate Litigation Attorney?

Posted by Chris Peterson | Oct 17, 2014 | 0 Comments

Why Would I Need a Probate Litigation Attorney?

Probate litigtionAttorneys perform all kinds of legal services that don't involve going to court, including estate planning, real estate practice and many areas of business law, for example. In a perfect world, we'd still need attorneys to take care of those legal matters. In reality, however, as we all know, we don't live in a perfect world. Disputes frequently arise over wills, trusts, estates, real estate transactions and a plethora of other issues. For those contested matters, we rely on skilled litigation attorneys.

What sort of problems can a probate litigation attorney handle?

Probate courts have general jurisdiction over matters arising from trust and estate administration, petitions for guardianship due to mental incapacity, adoptions, name changes and the like. Most probate cases go smoothly without disputes arising between the parties, but some cases involve disagreements when interested parties have competing interests. Some of those disagreements include:

  • Challenging the validity of a will, known as a will contest
  • Interpreting terms in a will or trust
  • Guardianship disputes, which can include arguing over whether the ward needs a guardian in the first place and, if so, who should be appointed to be the guardian
  • Reformation cases, which ask the court to correct terms in an existing trust
  • Trust modification and termination suits

Virtually any matter before the probate court can be subject to litigation if a party with standing raises a justiciable issue.

How can I avoid probate litigation?

A probate litigation attorney may be able to help you avoid litigation altogether. An attorney with experience litigating probate court issues can identify potential problem areas in your case. For instance, you may have what would otherwise be a simple probate case but for your estranged sibling who likes to make things difficult. A skilled litigator can review your circumstances, spot the issues and take steps to minimize the drama or avoid it altogether.

Call today to consult with an experienced probate litigation attorney

When a will contest or other probate dispute is looming on the horizon, take action to secure an aggressive probate litigation attorney on your side. At Peterson Law Group, our experienced probate lawyers help you avoid litigation when possible, but we're prepared to fight for your rights and those of your loved ones when needed. Schedule a consultation today by calling 979-703-7014 or visit us online to request a meeting.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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