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The probate process: Litigation is possible

The probate process can be every bit as complicated as it sounds, with disagreements between family members and beneficiaries often leading to litigation.

In most cases, the person in the middle of these disputes is the personal representative. This is the person in charge of administering the estate.

If you find yourself in this situation, it's important to understand exactly what's going on. You should also learn more about your legal rights, as you don't want to find yourself in the "line of fire."

A will contest, for example, is a common conflict that often comes to the forefront during the probate process. For example, one family member may argue that the will was created under influence, thus making it invalid.

Breach of fiduciary duty is also a common charge. This is when a beneficiary accuses the personal representative of neglecting to fulfill his or her fiduciary role.

If you find yourself in the middle of any type of probate litigation, it's important to take immediate action to protect yourself. At our law firm, we have many years of experience dealing with probate litigation. It's not always easy to devise a plan, but that doesn't mean you should neglect to implement a strategy that can help you avoid additional trouble.

As unfortunate as it may be, the probate process often turns ugly. If you find yourself in the middle of this as a personal representative, you need to know your legal rights as to avoid trouble. Knowledge of the process and what's expected of you can go a long way in helping you make informed decisions.

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