Estate Litigation is one of the worst legal disputes that can arise because it involves conflicts among the family members. People who are related to one another fight a legal battle in court to settle the dispute over the distribution of assets of a deceased person.
Therefore, you need a lawyer who is not only experienced and wise but also patient and compassionate. You should approach the multiple estate litigation attorneys in your region to discuss your case. You need to share all the details without hiding anything so that they can come up with the best possible solutions. After careful consideration and comparison, you need to choose the right attorney who can represent you in court.
The family inheritance that includes property, business, jewelry, vehicles, art pieces, and other assets usually remains under the legal ownership of one or two persons. These persons are the elders of the family. It’s not necessary that they live with the entire family together.
Even if the inheritance is not in their possession due to them living far away from the main house or business of the family, they can still guard that inheritance to ensure that it does not fall into the wrong hands. Death is an inevitable reality that no one can escape. People can get relief from dangerous diseases by undergoing treatments. They can also increase their lifespan by eating and working out mindfully.
However, even the healthiest people leave this world for a heavenly abode one day. Family members who own everything have a huge responsibility of distributing their assets amongst the eligible heirs before encountering a misfortune. Some people like to stay on top of things, and so, they get a will made quite early.
But some people fail to do so, and the consequences are faced by their loved ones who are still alive. Many times, people don’t get a chance to create a will as they leave the world too soon or unexpectedly due to deadly diseases, road accidents, air accidents, violent activities, and other reasons.
In those cases where the will has not been created at all family members can resolve the problem without any conflict. They might take the help of their family lawyer and others. People who are really close to the deceased person can give their input about how the latter would have wanted to distribute their assets.
Often, the conflict takes place among the family members because one or more persons don’t agree with the information stated in the will. They believe that the will is somehow not justifiable, and so, they take legal action to claim their right to the family inheritance. There are many reasons that could lead to this belief.
People who are related to the deceased person as an immediate or extended family member but not made heirs in the will try to become heirs by challenging the will in court with the help of legal professionals, i.e., estate litigation attorneys.
Why Does the Need for Consulting Estate Litigation Attorneys Arise?
The thought process with which the deceased person made their will cannot be known or understood by others. A will or a testament is a legal document through which a person shows their wish regarding the distribution of their physical and non-physical assets amongst certain people once he or she passes away. If someone has minor children at the time of death, their will might also state the caregivers of those children.
At times, the family lawyer who has been looking into legal matters of the family for a long time might know the exact reasons behind the way of distribution of assets. A personal representative, also known as a trustee or an executor, knows about the desire of the deceased person very well as they administer the estate. A close relative or friend might also know the same.
But in most cases, the reasons are best known only to the will maker. They decide who will get what after their death. So, it’s quite possible that some of the beneficiaries might not be pleased with the share they get from the family inheritance. It’s also possible that people who are not made beneficiaries feel that injustice has been done to them.
It’s tough to think about your own death while living and determining the share of your family members in the family inheritance. But it’s necessary to take this decision so that your loved ones don’t face problems in the future. Even personal representatives or trustees hire the services of an estate litigation attorney to carry out their responsibilities properly without leaving the scope for any mistake.
If the beneficiaries or the people who thought they would be beneficiaries as per the will find out their expectations have not been met, they go through a variety of emotions ranging from sadness and disappointment to anger and jealousy.
What Do Estate Litigation Attorneys Do Help Their Clients?
Disappointed family members can choose the legal route to demand a probe into the will so that they can get adequate answers to their queries and questions. They can consult a law firm that has a considerable amount of experience in fighting estate litigation cases.
It’s worth mentioning here that you must select a law firm that has earned a reputation in the industry. It should also have a high success ratio as it proves that the attorneys working for the firm have been victorious in their previous cases. Knowing about the past track record of the law firm gives confidence to clients.
Once you have finalized a law firm, an attorney will be assigned to your case. You can hold discussions with your attorney and explain the details of the case to them. They will study the reasons you think are responsible for the will not be according to your wish. An attorney will conduct an investigation to find out the cause. They will ascertain whether your suspicions regarding the will not being accurate is correct or not.
Conclusion
People with malicious intent can influence someone to change their will. Some people can even involve the personal representative of a willmaker in their plans to conduct fraudulent activities. Therefore, you must hire an estate litigation attorney if you have any kind of suspicion or doubt about the will of your loved one.
