estate dispute lawyer

Knowing the legality estate disputes


The job of an estate lawyer is to deal with estate dispute litigation which is also known as probe litigation. The lawyer will have to help settle the dispute that has risen with the help of documents such as the will or a trust. This may usually involve the family disputes, to end this rift, the need of an experienced hand. With the right legal counsel, you will be sure to get reliable advice. You will need a reputable litigation law firm behind you to solve these issues. Take the help of an estate dispute lawyer .

what are the kind of disputes

the lawyer would have to deal with so many issues

  • The need to look into will contests.
  • There will times when the counsel will find that there is intentional interference with inheritance.
  • It has been seen that there can be breach of fiduciary duty actions.
  • They would have to tend to guardianship contests that occur.

The validity of the testamentary documents are sometimes challenged by the litigants on the grounds such as

  • Undue influence
  • Mentally unstable
  • Fraud
  • Under duress
  • There has been mistake in the execution of will

Sometimes the inheritor will not be ab le to partake the inheritance due to the wrongful interference  from the defendant. This may call for seeking monetary damages recovery from the defendant directly. There also times when there is a person appointed by the court to oversee that the will is administered according to the will, but the person ends up misusing this power and does not execute the will, takes up more than the required fees or the funds of inheritance are mismanaged or misused. The remedy is to get rid of the person as well as claim monetary reimbursement. Get the services of an estate dispute lawyer.

In case the inheritor have the capacity of taking legal decisions in the case of a minor or the person is incapacitated mentally or not conscious, a guardian may be appointed and there would be a contest on who should take this position. These estate issues can arise form

  • Small businesses
  • Real estate
  • Family farm corporations
  • Insurance

When there is undue influence when others who try to bring in their wishes into the person who is writing out their will and not allowing them to exercise their rights but someone else desires creep into he will or trust. The person may not be in a right frame of mental health, when a will is made during this sate it can be considered invalid. This may be caused due to the following reasons

  • advanced age
  • physically incapacitated
  • dementia
  • other mental illnesses

There is a time limit wherein the will can be contested to protect their interest wherein you would have a particular time period after the notice is published in the local newspaper or even after a month of a the notice mailed to the concerned party.