Writing a will helps avoid family disputes when you die. Usually, disputes involving trusts, wills, and other estate administration aspects are sometimes inevitable. If these issues aren't resolved at the family level, they can proceed to probate court to be litigated. Litigation is a process where the court system is involved in answering or filing legal petitions. The disputes can be between the heirs and trustees or among the heirs, mainly when there's no will. And because the litigation process is more costly and daunting, look for a seasoned estate litigation lawyer to help you. See why estate litigation cases arise.
There Was No Will Left
Estate disputes are easier to handle when there's a will. However, these disputes become more complicated when there's no will. Normally, a will shows the assets your loved one has and how they should be distributed. But did you know it's quite hard to prove their intentions without a will? The parties involved disagree over what each should get because they don't have a will to guide the administration process. Luckily, certain probate procedures can help resolve disputes even without a will. You just need to hire an estate litigation lawyer to oversee the litigation or dispute resolution process.
Someone Feels the Will Is Invalid
Although your loved one might have left a will, an heir or any other involved party might want to challenge its validity. You could also challenge it if you feel it's not representing the deceased's desires. A relative might have influenced the loved one to write the will while suffering from conditions like dementia and severe cognitive decline. In this case, the will may not reflect what they would have wanted to do with their estate. Someone could also challenge the will if it excludes all other beneficiaries and only recognizes one of them. This could indicate it was created under undue influence.
The Beneficiaries Have an Issue With the Executor
The deceased might have named the executor, perhaps because they trusted them. However, the beneficiaries may have a problem with them. This normally happens when the administrator is linked to issues that prove they can't be trusted with the administration process. For instance, the beneficiaries may notice the administrator has an interest in the estate or has been unscrupulous. In such a situation, an estate litigation lawyer should intervene to help you dispute their actions. The lawyer will assess the situation and help you determine whether the matter should be litigated in court. If it should, the lawyer will defend your rights and ensure the executor is replaced with a more trustworthy one.
To find out more, contact a firm such as The Cormac McEnery Law Firm PLLC.