When a person dies without a will the distribution of his or her assets is normally governed by statute. Attorneys may appear to represent beneficiaries of the estate. In the event that there is evidence or facts in dispute about the true intent of the decedent probate litigation may ensue. Since the process is governed by statute, during probate litigation the attorney for the plaintiff must introduce evidence of sufficient weight and credibility that the judge will honor the evidence over and above the statutory scheme.

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