Exploring Civil Case Proceedings

3 Critical Roles Of An Estate Litigation Attorney

29 October 2021 by Becky Freeman

When someone dies, the property they leave needs to be allocated and administered. This process is not always simple, especially if the individual had a complicated property. Many legal avenues need to be explored and decisions made for the administration to proceed smoothly. That's why you need an estate litigation attorney. This article discusses three critical roles of these lawyers.

Formulating Wills and Trusts

If you don't want your assets to be distributed by the state, have an attorney draft a will for you. They are experienced in these matters and can help you formulate a will that fits your situation. Some important details they'll include in this document are wishes for your funeral arrangements, who you want to distribute your property to, and where you wish certain items to go.

In addition, these lawyers can create for you a trust that will ensure the safekeeping of your property for minors or any other beneficiaries. They have a deep understanding of state laws and will draft this document in a way that will ensure it's legal and binding. They'll also ensure that only the person you've given authority over your assets manages and promotes all its aspects until the termination date arrives.

Settling Inheritance Disputes

Your beneficiaries may have differences over dividing your inheritance. This may be because of a difference in opinion over asset distribution or disagreements about taking care of the additional business affairs. You don't want this to happen because it can affect your financial status and your family relations.

A litigation lawyer can help with such cases and resolve any other inheritability disputes. They work on similar cases daily and have many techniques for alleviating this contention. One of the ways they'll restore calm and peace is to negotiate the division in a way that makes everyone happy. They'll also help your beneficiaries get their inheritance without resorting to legal proceedings. If you have special cases involving children from a previous marriage, working with these professionals will ensure that everyone gets their fair share.

Managing Estates

If it's determined that you can't manage your affairs, you'll need someone to take the reins. Estate litigation attorneys are skilled at taking care of this process. They'll work with the court to petition for a conservatorship or guardianship. This will ensure that all of your assets are protected, and you're given the help you need.

Additionally, these attorneys will make sure that the court knows your wishes. They'll put them in writing when you're healthy and able, so they can be presented when a conservatorship or guardianship is being decided upon.

An estate litigation lawyer does a considerable amount of work. Partnering with them can be beneficial to your case. They will protect you, make the process much easier for you and ensure all of your best interests are preserved. 

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