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If there is no living trust by which to settle an estate, then the estate goes into probate and is settled by process of law which varies between different states and counties. If you are trying to claim benefits or inheritance from an estate, you will have to go through probate to get your inheritance, and your claims can be contested. Read on for advice on how to go about settling an estate.
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File your claims with the probate court. If an executor was designated by the deceased and you disagree with the choice, a probate attorney will help you file a request for a different executor and will also help you settle the estate.
Contest any decisions that you severely disagree with (such as inheritance going to an abusive spouse) through the probate court.
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Comments
efootprint said
on 2/6/2009 Investigate the public records to see if there were any digital devices.
If there were, insist that the devices be protected and examined (only by a licensed, insured, expert) for information that should be included in the estate.
In today's world, individuals may leave amended wills, codicil's, or facts about assets that appear nowhere else.
Federal and State law requires that Electronically Stored Information (ESI) be provided for discovery.
Courts have held that lawyers and individuals are liable and may be sanctioned for not protecting and providing ESI.