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Resolve Your Probate Litigation Case In A Timely, Cost-Effective Manner

In the administration of your loved one's estate, the personal representative (also called the executor) will ideally carry out the wishes of the deceased. It sometimes happens that some interested party alleges a breach of the fiduciary duties of the executor. Someone may allege that he or she improperly managed or distributed assets. Someone may challenge whether the estate plan put in place by the deceased was valid. Disputes over guardianship of surviving children may also result in litigation after a death in the family.

Whatever your role in probate litigation, you are likely to feel passionately about your position, that you have done the right things with regard to the estate or that another party has done something wrong. The opposing side is likely to be just as passionate about their beliefs.

Probate litigation may come from outside the family, too, as in the case of:

  • A creditor who seeks repayment of debts from the estate
  • A person or organization that alleges wrongful treatment — such as a church or university that alleges assets have not been handled correctly

In a "bloodthirsty" approach, a plaintiff or defendant in a probate-related dispute wants to set the record straight no matter what the cost. This way of bringing litigation (or defending against it) centers around a concept of winning. Some lawyers even encourage this approach.

Many people, however, find there is a better way, a peaceful resolution that protects the integrity of the estate by protecting against the wasting of assets through excessive legal expenses. Settlement conferences or mediation sessions may provide the answer to probate litigation. I am probate attorney William D. Block and I strongly encourage clients in the direction of sensible resolutions to probate litigation matters.

Beware Irreversible Family Fallout

Many probate litigation cases occur because of disputes between siblings or between a second spouse and surviving children from a first marriage. By the time a claim or lawsuit is over, opposing sides may have made true enemies of each other. As I work with clients of Block Legal Services, I remind them of the human element. Money comes and goes but family members are irreplaceable. Thoughtful parties to probate litigation may realize the value of resolving a dispute cost-effectively rather than trying to penalize the other side.

Schedule A Consultation With A Wisconsin Probate Litigation Attorney

Let me hear from you about your potential, pending or ongoing will contest or probate litigation matter. Getting legal counsel early in the process is one of the best ways to resolve a conflict without dissipating assets unnecessarily. Call 414-930-4478 or send an email inquiry for a prompt response from Block Legal Services in Brookfield, serving the Milwaukee metro area and southeast Wisconsin. The ScheduleOnce function on the Contact page will allow you to set your own consultation time and date.