Category: Probate

How Do You Start the Probate Process?

probate process

In order to begin the process that would lead to the closing of the estate and distribution of assets, you would need to open probate. This process can become complicated and may cause headaches for your family. Before probate can begin, you must locate the will that the deceased person left. Hopefully, the will was stored in a safe…

Read More

Possible Complications During Probate

Lincolnshire Probate Attorney

There is a reason why attorneys will tell you to try to structure your estate to avoid probate if it is possible. Probate can be time-consuming, and things can happen that can delay it further. The major complication during probate is when there is a will contest. An interested party may challenge the validity of the will and claim…

Read More

Do You Always Need to File for Probate?

probate

Many families approach the probate process with some degree of trepidation, and with good reason. Probate can be a difficult process with its own challenges. Nevertheless, most estates will need to go through probate before the heirs can inherit assets. Probate is the court-supervised process where: The will is validated and authenticated Creditors are paid from the assets of…

Read More

Reasons for Probate Litigation

The attorneys at Charles T Newland & Associates work with families on estate planning matters, and we can help if you run into difficulties such as litigation.

One of your family’s biggest nightmares is that a will could be challenged in the probate process. Will contests and other probate litigation take what could already be a difficult process and make it far worse. Here are some reasons for probate litigation. One of the most common reasons for probate litigation is the fact that someone has disputed…

Read More

Common Reasons for Will Contests

Lincolnshire Probate Litigation Attorney

A family’s worst nightmare is when someone challenges a will. There may be reasons why a will can be considered invalid. The one certainty is that will contests can be emotional and unpleasant. Here are some common reasons for will contests. Lack of Testamentary Capacity The testator (person who makes the will) must be physically and mentally capable at…

Read More

What is Undue Influence in a Probate Case?

Lincolnshire Probate Litigation Attorney

When a will goes through the probate process, interested parties have a legal right to contest its validity. One common reason for contesting a will is that someone else had undue influence on the testator (the person making the will). In an undue influence case, one person has taken advantage of another who is vulnerable and susceptible. They may…

Read More

When to Call a Probate Lawyer

Lincolnshire Estate Planning Lawyer

If your estate is going through probate, things can invariably happen to slow down the process. There is paperwork and possible delays that can cause you and your family stress. If there is an estate that is going through probate, you should contact an attorney to help you through the process. The best way to get out ahead of…

Read More

What Does a Probate Judge Do?

Lincolnshire Estate Planning Attorney

The probate system means that the case goes through a court. Every court has a judge presiding in it, who is in charge of the legal process and makes key decisions in the case. When your case is in probate, it will be assigned to a judge. The hope is that your probate court judge will act in mostly…

Read More

Timeline for Filing a Probate Case

probate case

Probate seems to be a long and drawn-out process, and it certainly can be that way. However, probate also has strict deadlines that must be followed in order to avoid delays in the process. Here are some general timelines for events in filing a probate case: The executor will begin the probate process by filing the will with the…

Read More

Can You Plan Ahead to Avoid Family Disputes Over Your Will?

Rolling Meadows Estate Planning Lawyer

Will contests are among the most contentious types of litigation possible. The combination of money and strained family relationships can turn people against each other in a hurry. Planning can help you avoid some of these disputes when the time comes. There are two things that can reduce the chances of a will contest. The first is sitting down…

Read More