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Mechanicsburg Estate Litigation Attorney

Mechanicsburg Estate Litigation Attorney

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Expert Representation When Probate Becomes Contentious

The loss of a family member is already a difficult and traumatic experience, and the added burden of legal disputes surrounding their estate can make it even more challenging. While it may seem that courtroom battles over inheritances only occur among the ultra-wealthy, the truth is that probate litigation can impact estates of various sizes, even those with just a few assets.

If you find yourself entangled in a current or potential probate dispute, the seasoned Mechanicsburg estate litigation attorneys at Keystone Elder Law, P.C., are here to support you. We specialize in probate and estate administration, recognizing that the process of handling a loved one’s final affairs may encounter obstacles. Our team can provide you with knowledgeable advice, guide you through this difficult period, and offer effective representation in court to ensure your interests are fully considered.

Understanding Probate Litigation in Pennsylvania

Probate litigation is commonly associated with will contests. In Pennsylvania, once a proposed will is filed with the local Register of Wills, interested parties can file a caveat, marking the first step toward contesting the will. Several legal grounds exist for initiating a will contest, including:

  • Lack of testamentary capacity: Alleging that the deceased lacked the mental capacity to make the will at the time of execution.
  • Undue influence: Claiming that a third party exerted undue influence over the deceased, resulting in an unfair distribution of assets.
  • Fraud, forgery, or mistake: Asserting that the will was created based on fraudulent information, forgery, or a significant mistake.
  • Insane delusion: Arguing that the deceased was suffering from a false belief that influenced the contents of the will.
  • Revocation or superseding will: Contending that the deceased either revoked the will or created a new one prior to their passing.
  • Improper execution: Challenging the validity of the will due to improper signing or witnessing, as required by Pennsylvania law.

Even in cases where a will is deemed valid and properly admitted to probate, litigation can still arise over other issues related to the administration of the estate. Some common examples include:

  • Interpretation of unclear or ambiguous provisions in the will.
  • Allegations of a personal representative breaching their fiduciary duty, potentially leading to their removal and damages paid to the estate.
  • Litigation involving creditor claims against the estate.

Consult a Mechanicsburg Estate Litigation Attorney Today

Initiating a caveat proceeding or engaging in estate litigation is not a right granted to everyone. Pennsylvania law defines who qualifies as an “interested party” with standing in such matters, and strict legal deadlines must be met to assert one’s rights.

Therefore, it is crucial to seek the guidance of a qualified Mechanicsburg estate litigation attorney if you have questions or concerns about the probate administration process. Whether you are a personal representative or an interested party, we will thoroughly review your case, provide advice on available options, and advocate for your best interests. Contact Keystone Elder Law, P.C., today to schedule an initial consultation and gain peace of mind during this challenging time.

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Comprehensive Interdisciplinary Approach

Empowering Clients with Holistic Planning at
Keystone Elder Law

At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.

When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.

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