Estate Planning Litigation and Appeals Attorney
Retaining a lawyer is very often a necessity in all matters that concern probate law and estate planning and, even where it’s not required, it’s often a wise decision. This is especially true in matters that may concern a contested will or other disputed trust or estate matter. Hiring an estate planning litigation attorney in advance may even help to curtail possible legal battles, which all parties concerned might rather avoid.
Why Hiring An Estate Planning Litigation Attorney Is A Good Idea
When it comes to matters of probate, any number of circumstances can muddle the situation and create complications for the execution of a will. Included here are will and trust construction suits, which seek to clarify the wording of the document and establish the intent of the decedent’s wishes. When the wording in a will or trust can be interpreted in a number of ways, the parties involved will sometimes ask the court to settle the dispute and settle upon one distinction.
Additionally, the contesting of a will with which people are more familiar also requires the skills of an experienced litigator. Each party involved will ask the court to solve a dispute over the validity of the will. Similarly, parties may be in dispute over the guardianship of minor children. This type of situation will also go to probate court, where the attorneys will argue for each party’s interests.
In regard to trusts, there may be requests for a modification of the trust’s provisions or one party may want the trust terminated by the court. Anything involving court appearances generally requires each of the parties involved to hire an estate planning litigation attorney. The intricacies of probate law are too complex for the layperson to handle without years of training and experience.
Factors That May Lead To Probate Litigation
There are a number of factors that can lead parties to probate court, even though that may never be the intention. In most circumstances, litigation can be the only solution, where multiple marriages or out of the ordinary family situations complicate matters. Even where the decedent believed he or she was doing a good thing or expressing generosity to his or her loved ones, the result may be unexpected conflict.
One such example is in a family where the deceased individual was married multiple times. That alone can complicate matters. If previous marriages produced children, an even greater conflict can arise. In composing the will, the individual should ensure a clear division of assets between the current spouse and all of the children from previous and the current marriages. An experienced estate planning litigation attorney might recommend a trust, as opposed to a will, for such a situation.
Even in setting up trusts, the arrangements must be carefully and concisely stated in order to avoid confusion. A conflict of interest can arise if the surviving spouse is given power of appointment of the trust or named the trustee. Typically, it’s best to appoint an independent trustee and there are trust companies which specifically handle these situations.
Another circumstance that can lead to trust or estate litigation concerns the appointment of the right trustee or fiduciary. Where an individual, someone known to the deceased person, is chosen and given financial power of attorney, it should be ensured that the person is responsible and capable of carrying out the tasks.
Someone who doesn’t communicate with beneficiaries or ignores the attorney’s instructions are examples of a poorly chosen fiduciary. This person may also act under bad influences from a spouse or friend, be unorganized, or prove to be incapable of getting things done on time.
Contact Our Estate Planning Litigation Attorney
Any number of things can complicate the probate of an estate. When that happens and a case can be filed in probate court. It is wise to consult an attorney experienced in estate litigation when this happens or becomes necessary. If you’re in need of a skilled estate planning litigation attorney, contact Brandon L. Campbell for your initial consultation. Together, we can ensure your probate and estate planning matters are settled efficiently and as quickly as possible.