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Probate + Fight = Headache and Heartache. Hiring a good probate lawyer is a necessity. Darren Findling of The Probate Pro provides key insights in how to deal with a probate and trust fight.
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Michigan Office:
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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.

Are you involved in a probate fight. Hi, I'm Darren Findling from The Probate Pro. we all know that probate fights litigation disputes within the probate context can be exhausting and very expensive if you're served with a contest dispute or probate fight it's critical that you have a lawyer a lawyer that knows how to navigate through the system we know that probate disputes go on for quite a bit of time having a lawyer that can speak the language interpret what's going on being able to advocate and express the arguments in front of a judge a forum which is really confusing for most people most people don't know how to prepare a motion serve it follow the court rules follow the statute argue and advocate within a court context so we strongly recommend having a great advocate a good lawyer that you can relate to and communicate with is really step one well you really can't predict when a fight is going to break out there are some telltale signs we use the example that the family member that died is often the glue that held the house of cards together so after death that fragile house of cards begins to tremor and then collapse when you start seeing that the house occurrence is at risk it's really then that the warning sign should be in place to begin to prepare to ensure that you are appropriately protected in a probate matter that is going to potentially be litigated some of the common trigger points that create a lot of animosity and hostility among family members are when one of the family members shortly after death begins to take action not with the support of the rest of the family so for example the person dies and they begin making funeral arrangements without communicating with the rest the family they go into the home and they begin to remove pieces of art meaningful personal items from the house and so on these types of actions what we call acting too quickly are a sign that a fight may erupt and it is that action without an effective communication and collaboration with the rest of the family member that often drives litigation so step one please don't act too soon make sure that you have the legal authority from the court through a letter of administration a letter of authority before you have the authority to act or before you take any action that could affect the administration of the estate until you have that letter of authority you are proceeding without legal authority now as it relates to funeral and burial arrangements there are particular statutory authorities that are granted based on the particular standing within that family but step one don't act too soon act after you've been given the legal authority another telltale sign or ingredient that often creates this type of dispute is this line we hear a lot that mom liked one person better than the other or dad favored one of the children over the other and they would want me to act this way well unless there's a will that specifies the legal authority upon which to act just because you provided the care ordering that loved ones last illness and ultimately through their death or because you were the favored child or rather the eldest child that does not give you legal authority to act to the detriment of others there's a process this probate process that allows for the orderly disposition of a probate estate so just because mom liked you best doesn't mean that you get to wear the hat as personal representative without the legal authority the next one is fair doesn't always mean equal and what we really mean about this is here that mom would want me to get this or mom would want me to have the ring or mom would want me to be responsible for just distributing it under these statutes there is a prioritization that exists in the event that there is no will so the will is going to be