There are a wide variety of disputes that are raised in probate proceedings. For example, individuals who have standing to do so may have grounds to contest the validity of a will. There are a number of grounds for pursuing a will contest, including undue influence, procurement by fraud, forgery, failure to comply with various technical and statutory requirements, and lack of testamentary capacity.
Another type of dispute that often occurs in probate proceedings is the filing of creditor’s claims. Occasionally, when individuals pass away they have debts remaining. Creditors must file their claims in a timely manner in order to have an opportunity to seek recovery from the probate estate. In addition to filing claims, creditors have the right to pursue discovery in the probate proceeding if they have a good faith reason to believe that assets exist which should be brought into the decedent’s probate estate.
If you believe that you may have grounds to challenge the validity of a will or if you have a claim against a decedent that you are considering filing, contact the Business Law Group for a free consultation to discuss your rights and the best strategy for proceeding.