Re:Yes Law PLLC
Estate litigation
Estate Litigation involves the process, in court, whereby the decedent’s assets are distributed in an administration (without a Will) or in a probate (with a Will). Basically, someone goes to the court to claim property or to take care of the estate by distributing the assets to the heirs/beneficiaries.
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probate the Will
The first thing that they need to do is prove the validity of the Will (probate the Will) or administer the estate where there is no Will. There is an intricate assessment of facts and circumstances in order to determine the validity of a Will, which includes considerations regarding the testamentary capacity that the decedent had at the time of execution of the Will and regarding the legal requirements of a Will.
One fact or circumstance in one case can cause that Will to be invalid. If there is no Will, similarly, one fact or circumstance may be dispositive to the resulting distribution, such as a claimant asserting that the decedent told him, in fact, that the property would go to him. One fact or circumstance in one case can cause the resulting distribution to go to one person or another.
In order to gain an appreciation of the actual legal consequences surrounding your particular litigation issue, speaking with an attorney may be invaluable to obtain what you deserve. Us attorneys understand how to present the case as favorably for you as we can.
About usHow Can We Help?
After you schedule an appointment, we will guide you so that you see that your particular matter has a resolution. During the free consultation, we will learn whether Re:Yes Law PLLC is a good fit for you, and we will explore what we can accomplish for you. We are mindful of the particular facts or circumstances that favor you, and we confront those issues that may not favor you. We plan proactively to best situate your case for the most favorable outcome possible.
How Do We Do it?
- We will explain to you the strengths (and weaknesses, if any) of your case. We will provide you with a strategy to resolve the case in your favor.
- We litigate aggressively because we understand, fundamentally, that Fate Favors The Bold.
- Throughout the process, you will understand what is happening in your case, and you will understand what we are doing to address whatever issues we foresee.
- Importantly, we do not shy away from difficult and/or novel issues; instead, we invite them and strive to create favorable situations from uncertainty
We provide you the option for Virtual Meetings, the convenience fully remote, from the comforts of your home™ and we offer in-person meetings (upon request).
We provide you with specific instructions so that you know what we need and when to accomplish your Goal, from initial meeting to execution of the instruments.
CASE STUDY
If there were one factor that makes us unique, it would have to be our ability to relate to our clients. We will treat your matter and your time with the respect that they deserve. Have a look at one of our case studies below.
Estate Planning – No-Contest Clause
Testimonials
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Estate Planning and Litigation
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FAQ
Frequently asked questions
What is the difference between litigation of a probate (with a Will) and of an administration (without a Will)?
The main difference between the both situations is that after the court establishes that a Will is valid, the terms of the Will dictate the distributions. When there is no Will, the government default plan kicks in for the proper person to inherit from the decedent. The main fundamental difference is that when there is no Will there may be a risk that a claim arises as related to the intent of the decedent that may supersede the intestacy laws. To say another way, there may be evidence sufficient to override the state default laws by showing that the decedent actually meant a different distribution. That evidence may harm your chances of recovery, and you should consult an attorney to assess it for you. If interested in learning more, click here.
What can I do if I do not receive anything under the terms of my family member’s Will?
Heirs at law, including spouses, children, parents and other family members, have standing to contest a Will if they are left out of the decedent’s Will, especially when they believe the Will did not reflect the decedent’s wishes. If you believe that you have specific grounds for contesting a Will, you may wish to click here to schedule an appointment. We would be able to assess your contest, tell you what to expect, and what are the strengths (and weaknesses, if any) of your contest. We can consult you regarding the best course of action, considering past similar situations, so that you can leverage your position.