Posted on: 30 August 2021Share
If you are in the unfortunate position of having to deal with estate litigation, you want someone on your side who has experience. There are a lot of legalities involved, and without an experienced attorney, things can get very complicated and confusing very quickly. This article highlights three crucial services an estate litigation lawyer will offer you.
1. Representation During Probate Court Proceedings
Probate disputes occur when an individual contests the validity of a will, or if there are disputes about who should be appointed as executor or administrator of an estate if someone dies without leaving a will. Such cases require extensive knowledge of the law, an ability to understand complicated financial and legal matters, and a calm demeanor.
An estate litigation attorney will act as your advocate in probate court proceedings by representing you before the judge or jury during hearings. They will answer questions about the case while providing you with professional support. They'll also present evidence and arguments on your behalf and ensure the proceedings are fair. This way, you won't have to worry about your case.
2. Executing Wills and Trust Documents
In case of death, a person's whole estate should be distributed as stated in their will. However, when someone dies without a valid last will and testament, the law of intestacy will determine who gets what. Estate litigation lawyers can assist you with executing wills and trust documents if they are contested, improperly written or have not been updated since their creation. They're in charge of carrying out the directions outlined in a will, which includes things such as distributing assets to beneficiaries according to what's written down, as well as hiring an appraiser and tax expert to ensure that property is valued correctly.
Estate litigation lawyers can also advise you on what steps need to be taken when there isn't a will, such as applying for letters of administration or even serving as the executor if no one else has been named by the deceased person. Family members or beneficiaries can also call upon them if they need assistance settling disputes over how much each person is entitled to receive.
3. Estate Planning
The process of planning an estate can be confusing and complicated. You need to consider the terms of a will, how it should be drafted to stand up in court and what happens if you don't have one. You may also need to plan for incapacity or death by establishing power of attorney documents to enable someone to oversee your financial affairs if necessary.
An estate litigation lawyer can assist you through this process. They will help you determine what assets to leave and how, as well as who should be the beneficiaries of those things that aren't meant to go into a trust fund or other such arrangement.
If you need support with a litigation dispute, an estate litigation lawyer can help you. They'll see your case through until its end and advise you on the best course of action.
For more information, contact an estate litigation lawyer in your area.