What Does It Mean When A Probate Case Goes To Litigation?
Most probates proceed through court as standard and uncontested cases. However, dysfunctional relationships amongst the beneficiaries can create issues that lead to probate litigation.
Probate litigation involves any legal contest filed in a probate court. Common litigation includes challenges to the will’s validity, issues with a trust, questions over guardianship or conservatorship, or suits brought against the personal representative for failing to act in accordance with the law or will. A poorly-selected executor who struggles to uphold the heavy responsibilities of the position can often lead to litigation. Good planning with the help of an experienced attorney is the best way to avoid costly and time-consuming litigation.
If you’re interested in contesting a will, keep in mind that Oklahoma has a statute of limitations that ranges from two to five years following the death of the will’s creator, depending on the issue you wish to contest. It’s best to seek legal counsel as soon as possible.