Estate Law 101: Litigation

It can be difficult for any family member once someone they know and love passes away. The aspect that one member of the family is now gone forever might appear to be surreal and unbelievable. However, these things happen, and life must go on for the survivors. Dealing with emotional trauma alone is one thing. It is another to handle any arguments about who gets what and how it can happen. 

That is the unfortunate reality of how some families operate today. They argue and debate who gets what once someone passes away. These settlements rarely end up clean. That is why most of the family members would deal with things legally. That is how estate litigation works. Estate litigation is any legal proceeding that involves disputes and settlements of a person who has passed away. One or two members might contest what is in a will. Or in some cases, people will challenge the interference of another with a person and their assets.

What happens is that a legal team or individual will assist with coming up with a resolution for the following contested assets:

  • Property
  • Possessions
  • Money
  • Other financial assets
  • And so on

Let us consider an example. Imagine that your father has recently passed, and you have issues dealing with his will. To do that, you require the services of an estate litigation lawyer. The lawyer you hire will work closely with you. They will do what it takes to promote and enforce the deceased member’s will and terms. However, it does not stop there. A lawyer will also assist with any additional tasks, such as:

  • Examining the validity or authenticity of a will
  • Interpreting the will and its contents
  • Handling sensitive assets
  • Managing how the assets will go into division
  • Handling issues that other members might bring up
  • Dealing with any legal issues family members might connect to the state
  • Responding to a member who claims to be a part of the estate or will

A lawyer can also work with a beneficiary who claims that they are a part of the will. They will assist with the following:

  • Validating an estate or will and its contents
  • Securing assets from a valid estate claim
  • Answering any questions related to asset division and distribution
  • Managing circumstances that arise with the estate 
  • Oversee how funds will come out from the estate

Not all cases have a happy ending. Some instances occur when the disputes are too much to handle. Probate litigation enters the play once that happens. Some family members might protest that they do not have enough. Some of them might even mention that the estate has altered contents. In addition, an estate litigation lawyer will help with the following:

  • Contested will contents
  • Guardianship issues
  • Assets counting
  • Expenditure accounting
  • Administrator appointments
  • Executor fee disputes
  • Surviving spousal issues
  • Trustee removal due to a trust
  • And so on

A team will focus on investing in the issues related to a will. They will gather evidence and necessary documents that will help out later. They will focus on this process before the entire thing goes to court. A judge will request all parties to be present for mediation. Mediation acts as a way to resolve things for both parties with the help of a retired judge or lawyer. They will work on a settlement to avoid a full-blown court proceeding. But some parties are still not content with mediation. That is when a court trial comes to light. Can you imagine those countless hours of court battle you see in the movies? It might be something like that. All in all, a trial is a complicated process. It will involve so much time, effort, and resources. That is the reason why most parties prefer to have mediation instead.

Speaking of an estate litigation lawyer, you can look for one without any issues. There are two ways for you to do so. The first option is to visit a local law firm. You can ask for any litigation services that they might offer. Once they do respond, it will be discussed from this point onward.

The next option is to look for legal assistance online. Thanks to the internet, you do not have to leave your home while searching for a dedicated lawyer. Not only that, but you will have access to thousands of websites. It will not be that challenging at all to look for an estate litigation attorney serving Raleigh, NC

The bottom line is that it will go a long way to have an estate litigation lawyer assisting you. They will do what it takes to handle everything properly following one’s passing. It will also be up to them to give you a hand once things go to court. They will guarantee that justice will come to those involved.

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