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Understanding the Steps in a Probate Appeal

January 6, 2022 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

The probate process is typically a process that many people are worried about going through. Whether they are the executor or a beneficiary, the probate process can seem to drag on for weeks or months and it can cause a great deal of anxiety for everyone who is involved. However, that is when nothing goes wrong during probate. What happens if you are the executor of an estate and someone comes forward to argue that they should have been a part of the will? Or, what happens if you believe that an error was made during the judge’s decision that could have completely changed the outcome of the case? When an issue comes up during the probate process, you will want to seriously consider hiring a lawyer so that you can move forward with your case and be successful. 

What happens when you file an appeal? 

It is important that you understand how the appeal process works, especially if you are the one hoping to file an appeal. The first step you will likely want to make is getting help from a lawyer, like an estate litigation appeals lawyer from a law office like Klenk Law. As a lawyer would tell you, filing an appeal does not mean that the probate court will suddenly open up a brand new trial regarding the estate. It will look at the original court order and review it to determine if there are any factual or legal errors. Your lawyer can help you review the case and determine if there are grounds for an appeal with a legal basis. 

Does the error that was made change the outcome of the probate process? 

One of the most important steps will be to determine whether there is an error and whether that error made a difference in how the case came out. So, you and your lawyer could argue that there are grounds for an appeal because an error was made, but if the appellate court determines that the error still would not have changed how the case turned out, then you would likely lose the appeal case. On the other hand, your lawyer will talk with you about whether they believe you have sufficient evidence to show that the error the judge made would change the outcome of the case if the decision was reversed. 

Filing an appeal when it comes to the probate process can be difficult, which is why it would be beneficial to work with a lawyer when you first believe you want to present your case. For more information on how a lawyer can represent you during this process, reach out to a local law firm now. 

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To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

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