maryland estate & probate litigation attorney

probate is the legal process of verifying the estate of a deceased person, settling outstanding tax and creditor issues and ensuring that the property of the deceased person is properly and accurately distributed amongst that person's beneficiaries. if the person had a valid last will & testament, then probate is in accordance with it. if the person, did not have a valid will, then probate is in accordance with the law of the state where the probate is handled.

estate litigation lawyers often use the word "estate" to refer to the probate process. for example, we might say we are "handling the probate of john smith's estate" or we are "handling john smith's estate"

the word "litigation" means a contest in a court of justice for the purpose of enforcing a right. if you were to file a lawsuit against someone, you would be engaging in litigation. in the probate process, many different disputes can arise. for example, someone might challenge the validity of the will and thus we have a "will contest". sometimes the dispute is more minor in nature such as whether the personal representative should pay a particular creditor.

a last will & testament is a legal document that directs distribution of a person's wealth and assets amongst a grouping of people, usually family, and/or organizations, such as charities. the will usually assigns a specific person to be the personal representative (you might be more familiar with "executor" which means the same thing) of the decedent's estate, meaning that the determined person is responsible for carrying out the deceased's wishes as instructed to do so by the will.

regardless of how old a person may be, it is always a good idea to have a will prepared. many people don't even consider the possibility of death until they are much older in life. but, failing to consider death and prepare a will, can result in many unintended consequences and disputes that lead to probate litigation.

as with most matters involving distribution of wealth, difficulties can arise. preferred beneficiaries can change over the years, or uneven distribution of assets can cause questions about the decedent's actual last wishes. it is of the utmost importance to have on your side a probate litigation attorney who is objective and skilled in all aspects of the litigation process.

probate litigation can be particularly demanding, especially if the decedent's will was not properly prepared or if the beneficiaries don't have friendly relationships with one another.

george e. meng of meng law is well-versed in probate law and the litigation of probate matters in the orphans' court, the circuit court, and on appeals to the court of special appeals or the court of appeals (maryland's highest court).

note also that as to some aspects of probate litigation there are strict short time limits. do not delay. should you be involved in probate litigation, considering it, or have other questions, please contact maryland probate litigation attorney george e. meng, at 301-627-1600 today for a consultation.