How to Stop an Estate Distribution
When a person dies, his estate must be settled either through probate court procedures or with assets distributed as indicated in a family trust. Stopping the distribution of an estate requires a very good reason with evidence supporting your claims. Possible reasons include an invalid will or trust was presented, handling of assets was mismanaged by the executor or successor trustee or you have a valid debt claim against the estate that has not been cleared.
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Instructions
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Go to the county court office where the probate case is entered. The county is the same county where the deceased resided prior to death. Ask the clerk for the proper forms to contest the will. Every county uses different forms; the clerk will be able to provide you with the correct ones. If you are trying to stop the distribution of a trust, request forms to block accounts and suspend the trustee.
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File the forms and obtain a court hearing date. Obtain temporary orders to suspend all estate activity pending the hearing.
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Send notice of hearing date as well as a copy of the forms filed to the heirs and the trustee regarding the estate. Equal opportunity to argue and defend rights and jurisdiction exists for all parties involved.
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File an affidavit of entitlement to the estate, whether by debt or by heir rights if any. Include copies of any documents supporting your claims and rights or documentation supporting arguments of fraud, testator incapacity or trustee mismanagement of assets.
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Attend the hearing and argue your case based on fact. Probate court judges often hear arguments based on emotion; emotions have no standing in the legal system and tend to aggravate court officials.
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Tips & Warnings
Consult an attorney regarding your rights and any formal procedures required in your state and county.
