Did you know that 82% of Americans know how important it is to plan their estates, but only 31% have wills and 11% have trusts?
Trust and estate litigation settles disagreements about a dead person’s property. It is common to have wills, trusts, and beneficiary designations.
The first question most people ask is, “Does a will need to be notarized?” While most states in the US allow wills without notarization, a notary-signed “self-proving affidavit” can speed up the probate process, making the will less likely to be challenged.
When people fight over an estate, they often argue about technical issues, whether a will was signed correctly or whether a trustee obeyed the law.
There are many reasons to go to court. A will can be contested, a trustee can mishandle assets, or someone can be unduly influenced. It includes filing claims, presenting evidence, mediation, and sometimes going to trial. That’s why it’s important to know when to get a lawyer.
Understanding the complicated laws of trust and estate litigation can assist individuals in making informed choices and obtaining legal assistance. Professional legal help can protect everyone involved in disputes and managing an estate.
Understanding Trust and Estate Litigation
Once you get into trust and estate litigation, you need to understand its process. Some of the issues you will meet are regarding the validity of wills, the interpretation of terms of trusts, or the duties of executors or trustees. Each case often relies on the particular state laws, and with such high stakes, they can touch personal family relationships and have financial consequences.
You’ll be gathering pertinent documentation: wills, trust agreements, and financial records, to name a few. Attorneys from Hinojosa & Forer recommend engaging an experienced lawyer to help clarify your rights and options whether or not you can work out a deal or have to go to court.
Common Disputes in Trust and Estate Cases
As the trust-and-estate litigation process unfolds, you will likely face several common disputes that complicate matters further.
- Contested wills whereby beneficiaries toss around allegations of undue influence or lack of capacity.
- Trust disputes over the interpretations of provisions, leading to conflicts with respect to testator intent.
- Misappropriation or mismanagement of trust assets, as well as complaints against trustees for breach of fiduciary duty.
- Sibling battles can arise, too, especially over the division of family heirlooms or property.
Acquiring these disputes will give you better insights into anticipating the problems that will arise while finding legal counsel to see through the resolution.
The Legal Process of Trust and Estate Litigation
After filing the petition, the court will schedule hearings where the parties can present their evidence and argue their positions. You will then acquire all the information and documents relating to the issues in question.
Mediation is another option to consider if you want to resolve the issue without going to trial. But if this is unsuccessful, the case then goes to trial before a judge or jury.
An appeal might be entertained after the decision is rendered, and during this entire period, clean records and communications would come in handy for the case.
Signs You Need Legal Assistance
Trusts and estates litigation is complicated, and it is essential to realize when legal help is needed.
- When the issues you face involve a challenge to the validity of a will or questions arising out of acts of an executor, help is required.
- Mishandling of a trust estate usually manifests itself with warnings such as delays in asset distribution or the inability to communicate. If you do have a good reason to suspect the estate plan became the victim of undue influence or fraud, this is something you just cannot go through without the assistance of a professional.
- If you feel overwhelmed by legal jargon or the intricacies of court procedures, it is time for assistance. Taking early measures in your defense can prevent further aggravation.
If you can relate to any of the above, don’t hesitate to get in touch with a lawyer.
Finding the Right Attorney for Your Case
Finding the appropriate lawyer for trust and estate litigation boosts confidence.
The first thing you consider is to identify some local lawyers in this specific field. Reviews and testimonials will give you a hint concerning the standing of the lawyer and the success rates for the lawyer’s work.
Don’t be shy about asking for referrals from friends or relatives who have lived through cases of this nature.
Once you have narrowed down the list, meet with each lawyer to talk about your case. This way, you will be able to tell how they communicate. Consider the one who can make you feel comfortable and who understands clearly what your goals are.
Ask what types of cases they have handled, particularly cases like yours, and how they would approach the litigation. Then, weigh in on fees and check whether they even fit in with your budget.
Once you find the right lawyer, you can be assured that your issues will soon be resolved.
If you want more information, explore our website: whatutalkingboutfamily.com.