Are you embroiled in a dispute over your share of an estate left behind by a loved one? The process could be even more complicated if the deceased didn't leave behind a will or trust. Heirs and beneficiaries may find themselves in dispute with one another over the distribution of assets. If you find yourself in this situation, you may need to seek the help of an experienced estate litigation lawyer. Here are some situations where you need this legal counsel:
1. Will Disputes
A will contest is a legal challenge to the validity of a will. There are several grounds on which a will can be contested, including lack of testamentary capacity, undue influence, and fraud. Will contests can be expensive and time-consuming, so it is important to consult with an experienced estate litigation lawyer before deciding whether or not to proceed with a will contest.
2. Trust Litigation
Trusts are often used to avoid probate and to provide for the distribution of assets in a more efficient and tax-advantaged manner. However, trust litigation can arise when there is a disagreement among the beneficiaries regarding the proper interpretation of the trust terms or when there are allegations of breach of fiduciary duty by the trustee.
A fiduciary is someone entrusted with managing another person's property. When a fiduciary breaches their duty, they may be held liable for any losses suffered by the beneficiaries. Trust litigation can be complex and costly, so it is important to seek the advice of an experienced estate litigation lawyer before proceeding.
3. Partition Actions
Partition actions are lawsuits brought by co-owners of property who want to force a sale of the property so that they can each receive their share.
4. Executor or Trustee Disputes
If you are named as an executor or trustee in a will or trust, you may find yourself in conflict with other heirs or beneficiaries. These disputes often arise over issues like mismanagement of assets or self-dealing. A lawyer can also help remove and replace an executor or trustee.
5. Guardianship Disputes
If a person dies without naming a guardian for their minor children in their will, the court will appoint one. In some cases, however, there may be disagreement about who should serve as guardians. If you find yourself in this situation, an experienced lawyer can help you navigate the legal process and protect the interests of minors.
If you are in an estate dispute, it is important to seek the help of capable legal counsel to guide you through the process and protect your interests. Consult an estate litigation lawyer to learn more.