How Can An Estate Litigation Lawyer Help Avoid Family Disputes?

Law Blog

Do you fear estate matters could bring fights in your family? No one wants to think about estate litigation, but the fact is that disputes between family members over inheritance and property are all too common. These disputes can be costly, emotionally draining, and time-consuming. They can also tear families apart and lead to long-term animosity. An estate litigation lawyer is very useful in preventing these family disputes. How can this legal professional help?

1. Help All Parties Understand the Law and Rights 

One of the most important things an estate litigation lawyer can do is help all parties understand the law. This includes understanding the different types of legal claims that are involved and the applicable statutes and case law. 

An estate litigation attorney can break down legal issues and ensure that everyone has a clear understanding of their rights and obligations. In many cases, this understanding is enough to resolve the dispute without going to court.

2. Explain Provisions of the Will

Often, family members are unaware of what the will says. As a result, they may make assumptions about how the estate should be divided that are not in line with the deceased's wishes. Your lawyer can help to clear up any confusion and ensure that everyone understands what the will says. This can go a long way toward preventing future disputes. 

In addition, a lawyer can also help to negotiate a fair settlement if a dispute does arise. Working with an experienced lawyer gives you the best chance of resolving your family estate dispute peacefully and amicably.

3. Examine the Authenticity of Different Claims to the Will and Documents

Family estate disputes often arise when there is a question about the authenticity of the will or other documents. An experienced estate litigation lawyer will carefully examine all of the claims and evidence to determine the validity of the documents. In many cases, a will may be contested because it was not properly executed or because it was procured by fraud or duress. 

If the will is invalid, the estate will be distributed according to the laws of intestate succession. However, if the will is valid, the lawyer will help resolve any dispute about who is entitled to what portion of the estate. With careful analysis and a thorough understanding of the law, an estate litigation lawyer can help to resolve even the most complicated family estate disputes.

4. Arbitration Over Difficult Asset Division Matters

Sometimes, family members don't agree on how to divide the estate's assets. An experienced lawyer can help to negotiate a fair and equitable division of the assets. The presence of an objective third party is all that's needed to avoid disputes in many cases.

Family estate disputes are usually loss-loss for all parties; therefore, involving legal counsel is highly advisable.

Consult with an estate litigation lawyer to learn more about your estate matters.


25 August 2022

Dealing with Estate Planning When You're Single

Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.