Questions About Estate Planning Litigation and Appeals?
Local Probate Litigation Attorney Explains Your Legal Options
With probate law and estate planning, retaining legal representation is often a necessity instead of a luxury. Even when it is not required by law, having an attorney at your side can help you avoid any unnecessary legal challenges. This is especially true when dealing with a contested will, disputed trust or other estate matter. Hiring an estate planning litigation attorney will help you avoid unnecessary legal battles that hinder you from achieving your initial objective.
With nearly two decades of legal experience, Brandon L. Campbell can provide you with knowledgeable legal advice. The Law Office of Brandon L. Campbell was created to provide individualized representation that meets your legal needs. If you are looking for a thoughtful probate litigation attorney in the Massachusetts North Shore area, then Brandon L. Campbell is the representative for you and your legal dispute. We handle cases throughout the North Shore, as well as those in Reading, North Reading, and Woburn.
When Should I Hire an Estate Planning Litigation Attorney?
When dealing with probate issues, any number of circumstances can create confusion and complicate the execution of a will. There are several situations where an estate planning litigation attorney can help prevent legal turmoil. They include:
- Will and trust construction suits. Sometimes the wording in a will or trust can be interpreted in a number of ways. The parties involved will then ask the court to settle the dispute and decide upon one interpretation. An experienced probate litigation attorney will make sure that the wording is properly interpreted and accurately reflects the intent of the decedent.
- Contesting a will. Multiple parties familiar with the will may ask the court to solve a dispute over the validity of the will. A common dispute is over the guardianship of minor children. This situation will go to probate court, where the attorneys communicate their clients’ positions.
- A modification of trust provisions. Often, there will be a request to revise the trust provisions or have them terminated in court. The intricacies of probate law can be too complex for you to handle alone, making it essential to hire an attorney. If you are making court appearances, then you should hire a Massachusetts probate litigation attorney to advocate for your position.
What Factors May Lead To Probate Litigation?
There are a number of factors that lead parties to probate court. While you can try to avoid it, in some circumstances, litigation is the only solution. Sometimes a party may have multiple marriages or an unusual family situation that complicates matters. Even when the decedent does the right thing in setting up his or her estate plan, the end result can culminate in conflict.
When the deceased individual was married multiple times, problems are likely to emerge. If previous marriages produced children, then the situation can become even more complex. When composing a will, the decedent should ensure a clear division of assets between the current spouse and all of the children from previous and current marriages. In order to maintain clear boundaries, it is important to retain the services of an estate planning litigation attorney. He or she may recommend setting up a trust, instead of a will, to resolve the situation.
Even when setting up trusts, a carefully worded arrangement can still result in confusion. A conflict of interest could potentially arise if the surviving spouse is named as the trustee or given the power of appointment over the trust. Typically, it is best to appoint an independent trustee or hire a trust company to handle the situation.
Another circumstance that can lead to trust disputes or litigation is the appointment of an unruly trustee or fiduciary. Often times, a close family member or friend of the deceased is given the financial power of attorney. However, a good friend or family member does not always make the best decisions. They may ignore the advice of the probate litigation attorney or fail to regularly communicate with beneficiaries. An inexperienced trustee or fiduciary can create future legal problems that could have been avoided by listening to an attorney and avoiding any undue influences.
Contact Our Massachusetts Probate Litigation Attorney for a Consultation
It is easy to complicate the probate process of an estate. When this happens, it can result in a defective will or trust that could be tossed out of court. It can also result in a case being filed in probate court to clarify the details of the will or trust. It is recommended that you consult an experienced probate litigation attorney who can foresee any potential problems and make the necessary changes. The formation of a trust or will is a complicated process that could change your life for better or worse. It is important that you retain legal representation and make sure that your life is changed for the better.
If you are in need of a skilled estate planning litigation attorney, then contact the Law Office of Brandon L. Campbell today at (978) 278-3885 for a free phone consultation. You can also schedule a meeting and go over your concerns in person. All of your questions will be taken seriously and answered clearly.