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What Is Probate Litigation?


Probation litigation is the name given to all of the litigation that can occur during a probate case. A few examples of probate litigation include the following: (1) A determination of whether a testator’s last will and testament is in fact a valid document (2) A determination of whether the decedent was competent when he or she signed their purported last will and testament (3) Litigation concerning who should serve as the executor (4) Whether the debts that are claimed to be owed by the deceased person are actually and rightfully owed (5) Whether the personal representative of the estate has properly managed the decedent’s assets and final affairs. Generally speaking, probate litigation is the name given to many of the different kinds of disputes that can arise during a probate case.

What Is A Will Contest?

A “will contest” is the name given to litigation concerning whether a particular document is the most recent last will and testament of the decedent or whether the decedent was competent at the time he or she signed the last will and testament. Will contests may also include a determination of whether the last will and testament is invalid because someone else so strongly influenced the decedent that the last will and testament does not accurately reflect the desires of the testator. Therefore, a will contest determines whether the decedent had a will, and if so, whether that will should be admitted to probate. Sometimes the court will also determine that there is a document that was not submitted to the court but may represent the decedent’s final wishes at a time when he or she was mentally competent and not under the undue influence of another person.

Who Is Able To Contest A Will Or A Trust?

Generally speaking, anyone who is interested in the outcome of the estate has standing to contest the will or the trust. This list of people includes anyone who would inherit if there were no will or trust, anyone who is named to inherit inside that will or trust, and anyone who submits a document to the court which purports to be the decedent’s last will and testament or trust.

When Should One File A Will Contest Lawsuit?

If you have evidence that your loved one did not sign the document that has been submitted as his or her last will and testament, you should consider filing a will contest. If you have evidence that your loved one was coerced into signing a last will and testament that does not represent her true wishes, you should consider filing a will contest. If you know of a more recent last will and testament than the one that has been submitted to the court, you should consider filing a will contest. If the provisions of the last will and testament are so extraordinary considering your knowledge of the deceased person’s likes and dislikes, then you may consider filing a will contest.

For more information on Probate Litigation In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 754-4166 today.

Terrell Monks, Esq.

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