Death can bring out both the best and the worst in people. While it often brings families together and gives them cause to reconnect and remember good times, it can also leave people fighting over every scrap of what a relative owned. In the worst cases, the estate becomes nothing more than a way for people to drag old conflicts out of the past and battle over them all over again. If someone is arguing about how an estate should be distributed, it’s best to seek guidance from an Estate Litigation Lawyer who can help to settle matters quickly.
You can get a lawyer to help you whether you’re the executor of the estate or you’re planning to challenge it yourself. It’s worth at least setting up a consultation session if it seems like their might be a legal challenge, to get a feel for what the situation is and whether there are real legal problems that a court might choose to address. For example, a person could decide to argue that there was undue influence by one person over a vulnerable elder and this led to significant changes in the document. In that case, a court will look closely at the situation and attempt to determine whether the stated wishes of the decease are valid or if they’re the product of manipulation.
It’s also important to consult with a lawyer if there are obvious omissions in the document. It is generally legal for a parent to choose not to leave an inheritance for one of their children while including the others, for example. Still, people who would receive an inheritance if there were no will have the option of contesting a will that does not include them. People who want to disinherit a child are usually advised to explicitly state that in the document to help limit the room for argument about the intent, but the emotional and financial stakes in such a situation make it one where having help from an Estate Litigation Lawyer is wise.
James E. Hitchcock helps clients with their estate planning and litigation needs. His team is ready to help people to put together the necessary documents for an estate, or to deal with a court challenge after a person has passed away.
