If you face a challenging situation, such as an inheritance dispute or the unexpected death of a loved one, it’s natural to worry about what comes next. And while the stress of these circumstances can be taxing, the earlier you seek legal counsel from an estate litigation lawyer, the better your chances are of reaching a favorable outcome.
Experienced estate litigation lawyers know that trust and estate litigation is a specialized field with unique challenges. They understand how conflicts can arise among family members during probate, and they also know which red flags indicate the need for legal intervention sooner rather than later.
Anyone in this position should consult with a trust & estate litigation lawyer as soon as possible. This type of attorney has extensive experience handling trust and estate disputes, trust accounting issues, breach of fiduciary duty claims, and other situations involving trusts and estates.
In this article, we’ll look at the benefits you can expect from hiring a trust & estate litigation lawyer, the signs that it’s time to get in touch with one, and what to look for when hiring.
Let’s get started!
Benefits Of Hiring An Estate Litigation Lawyer:
Trust and estate litigation lawyers have the expertise you need to handle the unique challenges presented by trust and estate-related disputes. They understand how probate, trusts, and fiduciary obligations work and can advise you on how to best navigate these situations. This can help you avoid costly mistakes and take control of the situation.
If a dispute arises, an estate litigation lawyer can provide you with expert legal advice on proceeding and representing you in court if necessary. Legal representation can help you present your case in the best light possible and protect you from any false claims against you.
Beyond probate or trust disputes, trust and estate litigation lawyers can also advise you on other issues related to trusts and estates. This can include tax planning, charitable giving, estate planning, and other ways to use trusts and estates to reduce your tax burden and make a difference in the world.
1. A Loved One’s Death Was Sudden and Unexpected
If someone dies without a will or trust, that state’s intestacy laws will determine how the person’s assets are distributed.
Sometimes, a person may have intended for specific people to inherit their property but never formally designated them as beneficiaries. Or, a person may have intended their assets to go to a specific charity but never made that intention known.
If a loved one was expecting to receive a specific inheritance, but that person is now being told that they are not entitled to it, they may want to consult with a trust & estate litigation lawyer. This is especially true if the person now in possession of the assets is being uncooperative about distributing them.
2. There Is a Dispute Over What Should Happen to the Deceased Person’s Property
If two or more people are named as beneficiaries in a will or trust and are now at odds with one another, a probate court will be required to resolve the dispute. This costly and time-consuming process can create additional stress for everyone involved.
A probate dispute can be avoided by using a durable power of attorney for property, which allows someone to manage another’s assets on their behalf. If there is a disagreement over who should handle the assets, trust & estate litigation lawyer can help resolve it.
3. A Child or Spouse Brings a Claim for Mismanagement of an Estate
If a trustee is being accused of mismanaging an estate, a trust & estate litigation lawyer can advise the heirs on how to proceed.
If there are multiple estate beneficiaries, they will need to take a unanimous vote to remove the trustee. This can be especially convenient if a trustee uses his or her position to exclude one or more heirs from receiving their rightful share of an inheritance.
This can be as simple as writing a letter to the trustee and specifying that the heirs wish to remove him or her from the position. If the trustee is being accused of criminal activity or fraud, the heirs will need to file a complaint with the police and request that the local district attorney opens a criminal investigation.
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4. You Need Assistance Interpreting a Will
If you are named in a will but have no idea what it means or what you’re supposed to do with your new assets, an estate litigation lawyer can help.
It’s important to remember that if you are named in a will, you are legally obligated to follow through with the instructions given. If you fail to do so, you could be charged with a criminal offense and face serious consequences.
A will typically include instructions for the distribution of a person’s assets after their death and a list of beneficiaries who are to receive a percentage of the assets. The will may also include instructions for the appointment of a guardian or trustee who will manage the assets on behalf of a minor child.
What To Consider When Hiring An Estate Litigation Lawyer?
There are a number of factors to consider when hiring a trust & estate litigation, lawyer. The first is experience. Trust and estate litigation is a specialized field with unique challenges. You want an attorney with experience handling these cases and earning positive outcomes for clients like you.
It’s also important to consider proximity. If the potential exists for your dispute to end up in court, you want to make sure you’re working with an attorney who has experience practicing law in your area. A local attorney will be more familiar with the judges, staff, and local rules of procedure, which can make the legal process go smoother.
You also want to make sure you work with an attorney you trust. This means finding someone who is personable and easy to communicate with. Ideally, you should feel comfortable sharing information and asking questions without feeling pressured or judged.
In Conclusion
Trust and estate litigation is a complicated field requiring specialized knowledge and training. An estate litigation lawyer has the expertise and experience you need to navigate the situations highlighted above to achieve a favorable outcome.
If you find yourself facing a challenging situation, don’t hesitate to call a lawyer.
The sooner you seek legal counsel, the better your chances are of reaching a favorable outcome.
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