Will Contests And Probate

It is always best to plan ahead and designate the individuals whom you wish to be responsible for the administration and probate of your will and estate plan. Using properly drafted documents not only gets your affairs in order but also can provide peace of mind to heirs as they go through the grieving process.

At McCormick Law Offices in Cranston, we offer a wide range of estate planning services to the testator and their families here in Rhode Island and nearby Massachusetts. This ideally includes the smooth transfer of all remaining assets to designated heirs and the collection or payment of debts during the probate process. However, there may be a dispute involving the validity of the will.

What Is the Probate Process?

As a part of this legal process, the probate court in the city where the decedent lived reviews the will to determine its authenticity. It is during this process that family members or benefactors can challenge the will. Probate is usually a process where the personal representative or executor performs a number of important duties that involve paperwork for legally closing the estate.

A lawyer can provide a knowledgeable assistance to make this process less stressful. There are provisions in the law that can help the administrator of the estate to maximize the amount recovered for the heirs. That can occur by maximizing the assets recovered and reducing the debts for the estate.

What Happens If There Is A Dispute?

Even the best estate plans can result in will contests. Typically, this involves circumstances in which the decedent's plans are not carried out. They could be the result of undue influence or duress. Those contests can begin in the probate court and can lead to the Superior Court. Attorney Ed McCormick has nearly 30 years of experience as a lawyer who handles estate planning, yet he is also highly regarded for his work in court. He can be a tremendous asset when you need a seasoned litigator.

The time frame for action is short. If there is a belief that something improper may have occurred, it is important to consult an attorney as soon as possible. Otherwise, your rights to contest may be forever lost.

Call Us If You Are Involved In A Will Contest

Call us today at 401-406-7155, or send us a message through our website.