What you need to know about estate litigation: Many disputes and issues can easily arise when a family member dies and leaves their estate that needs proper legal handling. These disputes can be rife among the surviving family members, so the best way to resolve them is to seek the help of an experienced estate litigation lawyer.
Unfortunately, estate litigation can sometimes be a quite complex issue that takes time to handle and complete. No wonder, such issues require the services of an experienced estate litigation lawyer who knows this area of law. This article explains what you need to know about estate litigation.
Understanding estate litigation
Estate litigation relates to legal proceedings needed to resolve the estate disputes of a person who dies. Quite often, this can involve someone challenging a will, meaning someone can decide to have it declared void or varied.
So a will can only be considered to be void if the person who made the will is either mentally incapable or a beneficially used undue influence over the will-maker. Estate litigation may also involve challenging other people who interfere with someone’s assets before that person dies.
It’s worth noting that everyone who participates in the dispute may pay for estate litigation. This means the party that begins the litigation will require to pay their part of legal fees. Once payment is made, a lawsuit starts and can proceed to litigation up to trial.
On the other hand, a defendant may need to hire attorneys to defend the claim. Even the estate may also need to have its attorney to make sure that the estate’s interests are well-protected. The legal fees incurred by the estate can be paid out from the estate’s assets.
The importance of hiring an estate litigation attorney
Keep in mind that it’s worth hiring an estate litigation attorney if you intend to reduce the estate tax liability. A good way to figure out if you need an estate litigation attorney is if the state and federal taxes are going to apply to your estate.
In such cases, you need to take the right steps to reduce the liability. Therefore, if you have a business, then it’s a good idea to discuss this with an estate litigation lawyer immediately.
Regardless of whether or not you are running the business alone or have partners, you need to make sure that your interests are protected in the event something was to happen to you.
Another good reason for hiring a lawyer is to protect your assets, especially if you become mentally incapacitated or pass away suddenly. Also, if you got an inheritance in the past, it makes sense to contact an attorney to ensure that all your assets will be in safe hands in the long run.
An attorney can also advise you on the best way to protect your assets in case something happens to you. In this way, you can take the best course of action that can meet you and your family’s needs.