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Probate Litigation Archives

Why you should articulate the reason for a disinheritance

Do you have a good reason to disinherit someone in your will? If you do, you know that the would-be-heir may decide to contest the will in court. Experts say that wills are actually contested far more frequently than most people suspect -- yet they also say that as many as 30 percent of people still attempt to disinherit someone.

Why legal guardianship may be needed instead of power of attorney

Are you struggling with the question of whether or not you should try to obtain legal guardianship for an adult relative like a parent or sibling? If so, you aren't alone—it isn't easy to ask the court to deprive someone of the right to make his or her own personal decisions.

Can a no-contest clause keep a will out of court?

For many people, a large part of the purpose of a will is to make sure that their estate is distributed the way that they want it to be distributed. Unfortunately, fights between surviving relatives over who was given more than their fair share or who was denied what they feel is their due can drag an estate into court. If successful, a challenge can prevent your original intentions from being carried out. Even if a challenge isn't successful, it can take years to resolve and prevent your rightful heirs from moving forward.

Don't be afraid to challenge a will if something feels wrong

When a loved one dies, it is often difficult to cope with the circumstances of the death. Most people feel a crippling sense of loss at the beginning and just want to get through the legal issues as quickly as possible. Sometimes, after the initial surge of grief begins to dissipate, it is not uncommon for the bereaved to want a closer look at the estate planning documentation the deceased left behind. This is true for those named as estate administrator and it is true for the deceased's family members as well.

How to take steps to protect against probate litigation

Philadelphia residents often spent considerable time and effort creating an estate plan that reflects their sincere intentions. Having those plans altered by probate litigation is often not something that individuals or families think about, although there is a risk that many of the provisions laid out within an estate plan could change during the course of a legal challenge. There are a number of steps that individuals can take to help ensure that the stipulations laid out within their estate plan will endure a challenge in probate court.

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Larmore Scarlett LLP

Larmore Scarlett, LLP
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P.O. Box 384

Kennett Square, PA 19348

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