Estate Litigation

Post Falls Estate Planning Litigation

Experienced Trial Lawyers to Protect Your Estate in Rathdrum

While most estate planning matters are resolved without having to go to court, certain situations like contestations of a will may require litigation. Rathdrum & Post Falls Estate Planning is led by a team of experienced litigators who practice exclusively in the area of estate planning. They are well-versed in will law, probate law, and all related estate planning law, so they know how to guide you through every stage of the legal process and are more than prepared to proceed to litigation to resolve your case.

Contact Rathdrum & Post Falls Estate Planning for a free consultation to get started.

Situations That May Require Litigation

If the deceased individual has a will and other estate planning tools in place (e.g., a trust, power of attorney, medical directive), you may not need to go through lengthy litigation other than probate court (below). Typically, the decedent’s assets listed in these documents will be handed over to the specified heirs, and the only process that will require the court’s interference is probate, which is meant to verify the validity of the will before distributing the property within it.

Some examples of scenarios that may warrant litigation are:

  • Will contests. If anyone disagrees with the terms of a will, all the parties may need to resolve the matter in litigation. 
  • Challenges to the executor. Litigation may be required if a family member challenges the executor or estate administrator’s handling of the will.
  • Invalid wills. If it is discovered that a will was not written and processed correctly, or if there appears to have been inappropriate influence during the writing of the will, the interested parties may need to resolve the matter in litigation.
  • No will. In cases of sudden death, the decedent may not have left a will to work off. As a result, you may need to proceed to court to handle the division of the estate.

Navigating Probate Court 

Property listed in a trust can pass directly to the named beneficiaries without having to pass through probate court. Assets listed in a will, however, must go through probate court before being transferred. Probate is a court-supervised process that settles a deceased person’s assets and debts after they pass, based on the terms they’ve stated in their will. The probate process also checks for the will’s validity.

It is in your best interests to work with an experienced litigator during the probate process, as a trial lawyer will know how to deftly navigate the court system. Some things you can expect in probate litigation include:

  • settling disputes with creditors;
  • paying off the deceased individual’s remaining debts;
  • transferring the title of the decedent’s assets to the heirs;
  • distributing the decedent’s assets to the named heirs.

Assets that typically go through the probate process include real property (e.g., real estate), personal property (e.g., antiques, luxury jewelry, artwork), and financial accounts that have not been made transferable or payable upon death.

The litigation process looks different for every estate. Rathdrum & Post Falls Estate Planning has significant litigation experience and practices exclusively in estate planning, so the attorneys are well prepared for whichever direction your case goes in. 

Schedule a free consultation with Rathdrum & Post Falls Estate Planning to get started today.

Client Testimonials Every Family Matters

"Kurt Schwab did a fantastic job helping me to maneuver through the legal system in Idaho. He kept in touch regularly and made sure the right things were done at the right time."

- DJ

Your Estate Planning Team

Contact Us Today

Start with a Free Consultation
  • Estate Planning & Probate Only
    Because we don't handle any other types of law, our clients can expect the expert focus on their estate planning or probate matters that they deserve.
  • Excellent Communication
    We explain things in such a way that it's easy for our clients to understand. This better helps them make important decisions around their estate planning needs.
  • Friendly and Caring Service
    From start to finish, our team will provide patient and kind legal guidance when it comes to your estate planning matters.
  • Not Afraid To Go To Court
    In rare cases, an estate planning matter will need to be litigated. Our team has litigated many cases and has achieved favorable outcomes for our clients.
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