When a family member dies, an emotional time often follows. The family is often left to grieve and process the loss as they try to deal with the emptiness and implications that come with it. During this time, the last thing you want is trouble dividing the decedent's estate or handling the legal process. Luckily, an estate litigation attorney can do all these things, giving you more time to recover from your loss. Here are three vital things these lawyers handle.
Solving Fiduciary Disputes
Fiduciaries are people who have the authority to deal with a decedent's estate. They are usually family members or close friends of the deceased who are legally obligated to act in the best interest of the decedent's estate. A fiduciary can be an executor, estate administrator, trustee, or trustee's agent. There are a variety of duties that may be assigned to these individuals, including but not limited to preparing and filing estate plans, managing the finances of the estate, administering oaths and other legal documents related to succession, conducting searches for assets and witnesses in connection with probate proceedings, and providing support during litigation. It is essential that these people fulfill their duties without legal problems.
If you have fiduciary disputes over your loved one's estate, a litigation attorney can help you solve them. These disputes are usually resolved through the court system. However, if there is a dispute between the fiduciary and the person being compensated, a lawyer can help you solve it through negotiations.
Solving Will Contests
Testaments usually have terms that limit what the executor can do with the assets in the estate. If the will isn't properly executed, it can be contested in court.
A litigation lawyer can fight for your rights if you have issues with the execution of your loved one's will. They'll ensure that the assets are distributed evenly among the beneficiaries and keep off any other person claiming a portion of the estate. They can also correct errors or omissions in the testament to prevent tax fraud or money laundering.
Probate is the legal process of transferring assets from one person's estate to another person or organization. It requires the preparation and filing of documents with the court system, the payment of debts, the division of assets, and the distribution of liabilities.
An attorney can ensure this process takes place smoothly. They'll submit the relevant documents in court and file an estate plan. They'll also monitor the progress of this process until the end.
Hiring an estate litigation attorney when you have probate issues is a great idea. They'll protect your loved one's assets and ensure their property is fairly distributed.