Estate litigation can be a frightening prospect for many people. Estate litigation lawyers in Mobile are there to help you fight for your property, but what is the estate litigation process?
Estate litigation is a process where a court resolves disagreements between beneficiaries, executors, and creditors. The disputes can be about anything related to the estate, such as how it gets distributed, who should pay debts, or whether something in the will needs changing. Most of the time, these disputes are resolved without going to trial, but there are times when a lawsuit must go through the filing process, and a judge must decide the outcome.
How Does Estate Litigation Work?
The estate litigation process starts when someone dies. Estate administration occurs after an individual’s death and before probate proceedings begin. It includes gathering any assets that were owned by the deceased individual at the time of death, paying outstanding debts owed by the individual, and then making sure all remaining value goes where it belongs according to state law. Estate administration appears even if there is no will or trust in place.
Estate proceedings take place after estate administration ends. Estate proceedings start when an executor named in a will calls for them or when family members request them because they think the estate is not administered correctly. Estate litigation takes place during estate proceedings.
What Are Some of the Causes That Lead Up To Estate Litigation?
When a family member dies and the grieving ends, there is always some added tension between the surviving family members. Tempers flare, and the fighting over the will begins. These are just some of the causes that can lead to estate litigation.
- Estate planning is not done correctly;
- Disputes over inheritance;
- Claims of undue influence;
- Claims of fraud or breach of trust;
- Claims of incompetence or elder abuse.
What Can An Estate Litigation Lawyer Do For Me?
An estate litigation lawyer is an integral part of the Estate Planning process. They can help you resolve any disputes that may arise during the Estate Planning process or after a loved one has passed away. Disputes can include disagreements about the validity of a will, who should inherit property, and how debts are paid.
An estate litigation lawyer can also help you protect your Estate Plan from potential challenges by third parties. They can draft legally binding documents to ensure that your wishes are carried out as intended. And if a dispute does arise, they can represent you in court and advocate for your best interests.
Are You Considering Speaking to an Estate Litigation Lawyer?
Suppose you are considering Estate Planning or have already started the process. The last thing you want is your Estate Plan to be invalidated because of a simple mistake. In that case, it is essential to consult with an estate litigation lawyer to make sure your Estate Plan will stand up to any challenges that could arise.
Litigation lawyers can be your best friend when it comes to settling the affairs of a loved one who has passed away. Estate disputes are more common than you might think, but an experienced lawyer with knowledge in this area can help you with any issues that arise during the settlement of someone’s estate.
Estate litigation lawyers know that death is not always sudden. There are many reasons why estate disputes occur after someone dies: neglect or lack of communication between family members. Estate litigation lawyers will do everything within their power to make sure that your interests are looked out for and handled fairly throughout the proceedings.
Estate litigation lawyers know how emotionally taxing dealing with an estate dispute can be, which is why they try their best to take as much of the burden off of their clients as possible. They will guide you through every step of the process and keep you updated on what is happening.
If you find yourself amid an estate dispute, it is crucial to seek legal assistance right away. The sooner you get started, the sooner you can come to a resolution. An estate litigation lawyer can help you achieve the best possible outcome for your situation. Estate litigation lawyers can also help with other legal issues that may arise after someone dies, such as Will contests or guardianship disputes.
Reasons to Keep Your Estate Plan Current
An appropriately crafted Estate Plan can be crucial to ensuring your wishes are memorialized and respected by loved ones and family members – but this will only happen if the Estate Plan is kept current and up to date over time. Here are three reasons why:
- You Are Never Too Old or Too Young to Update Your Estate Planning Documents. No matter your age, it is never too early nor too late to periodically review your Estate Plan, including any Will or Trusts. No one knows what the future holds.
- Circumstances change, and your plan should reflect those changes. If you get married, divorced, have children, or acquire new assets, you should update your plan to reflect those changes. Estate planning is not just about protecting the assets you leave behind for your family but also making sure that what remains goes where it is intended.
- A new estate plan can offer significant tax savings. Estate lawyers review estate plans on an annual basis. New strategies are often available to help reduce Estate taxes, income taxes, gift taxes, and generation-skipping transfer (GST) tax.
Tomorrow Is Not Promised
Ultimately Estate Lawyer services are less than a probate lawyer down the line. There is no guarantee you will be here tomorrow. Settle what you can with your family while you can.
