Estate Litigation Attorneys

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“In some cases, strained relationships exist between loved ones or the deceased person’s survivors who die during this emotionally taxing time. When a loved one dies, it is an emotionally draining time for their family and friends.”

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Estate Litigation Attorneys

Stress and anxiety may cause these grudges, resentments, and negative feelings to become even stronger, resulting in poor estate planning decisions. So, today we will learn about Estate Litigation Attorneys and how they can help us.


About The Lawyer’s Role in Estate Litigation or Estate Planning.

A legal dispute between beneficiaries and trustees is the most common reason for hiring an estate lawyer. Their capabilities go far beyond that, however.

After death, the estate is inventoried, valued, distributed, and taxed. In addition to writing a will, selecting beneficiaries, creating a trust, and reducing or avoiding estate taxes, you can hire an estate planning lawyer.

In the meantime, estate litigation attorneys handle disputes involving the distribution of an estate after someone passes away. It is not uncommon for people to write a will describing how their assets should pass among their relatives, but disputes may arise and result in lawsuits.

Lawyers who practice litigation advocate on behalf of trustees, beneficiaries, heirs, executors, or even individuals who are not mentioned in wills or trusts but may have legal claims in court.

The disputes include disputes over wills, misuse of the power of attorneys, claims of estate mismanagement, questions regarding the validity of deeds, and other matters. Hiring an attorney if you have any of these concerns is best to avoid lengthy legal disputes.


The Attorney’s Role: What Does He Do?

It is not uncommon for conflicts to surface when a person dies, leading to problems during estate administration. The beneficiaries will first be explained the law by an estate litigation lawyer, and they will help them resolve the issue.


The Attorney’s Role.


In addition, they will make it clear to all parties involved that they do more than work for the estate but also for the named beneficiaries and third parties interested in the estate.

Typically, estate litigation attorneys work directly with executors to ensure the deceased’s wishes proceed. Still, they might also address any other matters that need to happen, such as the following.

  • Responding to any situation in which an individual or entity believes they have a claim to some portion of the estate
  • Managing any estate-related family law issues
  • Conflicts involving dependents or other beneficiaries’ shares of the estate
  • Addressing any issues regarding assets taken from the estate without permission by individuals.
  • Distributing the estate’s assets
  • Estate asset management
  • Identifying the validity of any existing will
  • Will Interpretation


More attorney’s duties

Rather than representing the executor or the estate, a beneficiary may hire a litigator. The attorney’s duties include those below.

  • Managing the estate’s funds as an arbitrator
  • In considering claims related to dependents to the estate, it is important to consider special circumstances.
  • If assets and properties disagree, evaluate how they divide.
  • Securing specific assets for a beneficiary.
  • Assuring that a will is valid if one exists

A litigation attorney must follow the law if third parties claim an interest in the estate and determine whether their claim is valid.


Top Reasons for Hiring Estate Litigation Lawyers


You Can Get Help with Estate Planning from Them

Lawyers who specialize in estate litigation can be a great resource when it comes to estate planning. If you are the estate executor, the lawyer will assist you in preparing for probate and taking care of the probate process.

Additionally, they can help you create a living will, an important document to have on hand in an emergency. They can assist you if you need to resolve any estate litigation issues.


Litigation Assistance

You may not need a lawyer for your estate planning needs. If you need assistance with a lawsuit, you might enjoy an estate litigation lawyer’s guidance and representation. An estate litigation lawyer can assist you if you need help with an estate litigation lawsuit. By hiring an attorney, you will be able to simplify the process much easier.


They Can Help You Protect Your Assets

People do not think about what would happen if they passed away and left someone out of their will until they hire an estate litigation lawyer. They do, however, need to develop strategies to protect their assets.

Nevertheless, this is a big problem because anyone who feels wronged or overlooked could contest any property. If you want to distribute your assets according to your wishes, an estate litigation lawyer can work with you on an estate plan that respects all parties involved.


Litigation attorneys can help you in the Probate process

The probate process is one of the most important things estate litigation attorneys can help you with. They can help with executor duties, such as gathering assets and ensuring they pass correctly.

In case anyone tries to contest your will or steal from your family after you’ve passed away, they can ensure that there are no legal or financial problems that may arise after you’ve passed away.


Deal with a wide range of situations.

A qualified estate litigation attorney has years of experience handling such cases and knows what they do. They know how to deal with a wide range of situations because they’ve seen many cases others need to become more familiar with.

You can craft your argument accordingly if they know what to look for in an opposing party. You are also more likely to win your case or get what you deserve if they understand the law regarding these cases.


Their advocacy can help you.

If you are searching for estate litigation lawyers, start looking. Estate litigation lawyers are best in legal matters to represent you in court. As well as providing advice on your case, your lawyer will keep you informed as your case progresses and voice your concerns.

They will also be able to help you prepare for possible outcomes. Someone who knows how to navigate the courtroom is helpful when fighting for something important.


Knows the intricacies of the law.

It is easier to navigate estate litigation by hiring an attorney who knows the intricacies of the law. A good lawyer will know all the ins and outs of estate litigation, allowing them to do their job more effectively, and they will also be able to represent you best if they understand your needs and goals.


Able to communicate effectively with you.

A well-trained estate litigation lawyer will be able to communicate effectively with you, a quality you should look for in a lawyer. Taking legal action can get complicated quickly. To make informed decisions about your rights, your attorney must explain the process clearly and concisely.

It will be easier for them to represent you in court if they need help understanding what’s happening. Working with someone who can communicate well is more desirable than someone who cannot.


The attorney will act as a single point of contact for you.

It can be very stressful to handle a legal issue on your own. You may need to learn to juggle so many different tasks simultaneously. In addition to the fact that estate litigation has so many different types of issues that could arise, handling everything on your own is even more complicated:

  • The transfer of real estate
  • Law of the family
  • Managing estates
  • Taxes
  • Estates and trusts
  • Intestacy
  • Guardianship under the law
  • The law of employment

You may have to deal with one or more of these issues. Additionally, the attorney you hire will act as a single point of contact for you. That means you won’t have to coordinate with multiple lawyers, which could result in delays.

When you hire a single attorney, the process is simplified, and you save time and money by not having to coordinate with multiple lawyers who may need to learn what they’re doing.


Experienced lawyers have the expertise and experience to ensure you get a fair hearing.

Many people will try to influence the outcome of a lawsuit. Your lawyer must be impartial and advocate for you. Even though many people feel capable of representing themselves in court, an experienced estate litigation lawyer will have the necessary expertise and experience to ensure you get a fair hearing.

The lawyers will be able to help you navigate the complex legal system because they have experience with it.

Estate litigation lawyers know what they are doing and can assist you in getting a fair court hearing. Hiring one is extremely important if this is the first time you have been through this.


Able to understand your situation and your fears or worries.

In estate litigation, lawyers represent individuals involved in pending or past estate litigation. Estate litigation lawyers will be able to understand your situation and your fears or worries.

Disputes such as wills and trusts, probate disputes, fraud, guardianship issues, charitable trust disputes, and post-death disputes can all fall under this area.


Suppose A Person Dies Without a Will.

A will is an important part of any life, but many adults fail to prepare one before they die, even though most reasonable adults understand its importance. Some may not have the money, others do not consider their mortality, and others pass away suddenly long before they would have ever considered having a will.

Upon death, if there is no will, the state distributes the deceased person’s assets according to intestate success laws. The state is responsible for appointing an administrator as the estate goes through probate when a person dies without preparing a will or appointing an executor.

This individual may need an estate litigation attorney to help them submit a death certificate to the government for verification, stating the deceased individual is deceased. Upon completing this step, the lawyer will confirm the administrator’s eligibility to represent the estate by sending documentation confirming the qualifications.


When Disputes Are Unresolvable, What Should We Do Next?

The estate litigation lawyer can intervene on behalf of the deceased person’s loved ones if they believe that something did not go correctly in the administration of the estate. When such a situation arises, probate litigators are most likely to be involved in settling an estate. They assist the beneficiaries in resolving problems such as:

  • Removing trustees from trusts formed by wills
  • Trusteeship issues
  • Managing spousal claims
  • Disputes over executor fees
  • Will contests
  • Appointments of administrators

To decide a difficult case, an estate litigation lawyer will take the following steps:

  • Conducting legal research and investigating claims based on the will or estate law
  • Incorporating relevant laws and facts into the court petition
  • Examining bank statements, sworn depositions, and subpoenas to discover and examine all necessary evidence


Participate in mediation

Before a case goes to trial, a judge typically requires both parties to participate in mediation. To resolve any disputes without resorting to a costly and full trial, the individuals involved will meet with a mediator to resolve disagreements without resorting to an adversarial and non-binding process.

Estate litigation lawyers must prepare for a trial if mediation fails to resolve the dispute. This may include steps such as:

  • Witness cross-examination preparation
  • Introductions and closings
  • Obtaining testimony from witnesses through subpoenas
  • Evidence reexamined

It is usually not a jury trial in these cases but a bench trial presided over by a judge. This trial can last several days but may not be consecutive due to a court schedule. It is, however, possible for the parties involved to appeal if the ruling does not meet their expectations.


Bottom Line

We may deal with disputes and lawsuits following the death of a family member, and family members’ emotional issues can make estate litigation difficult. Elderly family members can also be victims of evil relatives or third parties.

There can be a lot of questions after a loved one dies. You may feel a family member is omitted in a will or doubt other family members who claim the estate.

Your loved one may need to be more competent when they make or change a will. Were the deceased’s intentions clear, or were they victimized by undue influence? Was the will properly executed? Was the power of attorney acting in the best interests of the estate’s owner?

We handle estate litigation matters such as:

  • Identifying the merits of litigating issues of undue influence, will contests, and competency disputes
  • We discuss the pros and cons of filing a claim to preserve family relationships.
  • Protecting the interests of estates, trusts, fiduciaries, and beneficiaries


Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  Bio...