Now, it is not always necessary to go to court, but if there are issues that come up with the heirs of a probate, a court hearing will be necessary.This is also called probate litigation. A probate litigation will include, but not limited to, certain laws, statues and codes which are necessary for a particular clients will, trust, or testament. Also depending on the size of an estate attorney's, such as probate attorney John Farina, will be prepared for a clients probate litigation court hearing when the court date arrives.
There are several types of probate wills for clients to consider when hiring a probate attorney. The probate attorney will either suggest the right will for their client to use, or the client will choose for the attorney. It is usually better for the attorney to decide when it comes to drawing up any probate will. These are the various probate wills for clients to consider:
- Mistake in Exececution
- Mental Capacity (or lack thereof)
- Undue Influence