Litigation is a contest in a court of laws for the aim of enforcing a claim or right. For instance, when family members cannot agree on an issue about their late parent’s will, the matter can be taken to a court to make a ruling of the issue resulting in a dispute. Estate litigation lawyers, therefore, are lawyers who handle disputes related to a deceased estate. Often, these cases involve challenges to a will, either to have it varied or to have it declared null and void. Estate litigation may also include challenges to others interfering with the deceased assets.
Who pays the estate litigation lawyers?
In one way or another, everyone involved in the dispute or case has to pay for estate litigation services from the estate litigation lawyer. The plaintiff will have to pay the estate litigation lawyers first to proceed with the process. The defendants, on the other hand, will usually have to hire their lawyers on their own to assist in defending the claim by the plaintiff. Also, the estate in question may hire a lawyer to ensure that its interest is protected. The fees incurred by the estate are paid for by the assets of the estate. The awarding of costs to any party falls within the court’s desertion.
As stated above, several matters are handled by estate litigation lawyers. These could include:
- Will contest- This involves a contest regarding the validity of the will in question on grounds of mental incompetence, undue influence, if the will is not properly signed, forgery, or if a provision on the will was omitted or vague.
- Breach of fiduciary duty- This involves challenging the actions of the fiduciary on the ground son misappropriation of estate funds and mismanagement of estate assets.
- Kinship proceedings- This happens when the relatives of the deceased try to establish their relationship when no other close family is alive to claim the deceased assets.
What are some of the benefits of hiring an estate litigation lawyer?
1. Update documents when necessary
Trusts, wills, and related documents should be prepared once and never revisited. It is essential to ensure that all your documents are prepared and updated whenever necessary. The estate litigation lawyer should be careful to determine any updates that need to be effected on the documents given what you want to achieve by the end of your case.
2. Ensure your documents are compliant with the law
Hiring the services of competent estate litigation lawyers give you the confidence that all your documents will be drafted per the current laws of the state. Working with professional estate litigation lawyers also gives you peace of mind even as you present the documents in court as you are sure that they are within the parameters of state law.
3. Confidence your documents say what you want them to
Hiring a good estate litigation lawyer will give you a competitive edge. One of the major setbacks of handling the case yourself is the risk that your documents will not truly represent you or will not help you achieve your goals. The best estate litigation lawyer understands your wishes and drafts documents that accurately reflect them.
4. Legal advice
Qualified estate litigation lawyers will give you the best legal advice on your case. They are easily able to review all the assets and give you all the steps you need to follow to get the victory from your case.
5. Peace of mind
The best estate litigation lawyers will handle your case in the right way, giving you peace of mind. Having a lawyer you can trust is essential because you know that you can trust their decisions and that their interests for you are at heart.
Choosing the best estate litigation lawyers
Choosing the best litigation lawyers does not have to be a challenging task. Below are some useful tips that will guide you:
Chances are that a relative or close friend has consulted the services of particular estate litigation lawyers. With their help and recommendations, it will become easy for you to choose the best lawyer. It is advisable to talk to trusted friends as they will give you the best referrals. This will also save you time since getting recommendations is one of the best strategies to use.
2. Online reviews
Do not overlook the power of the internet when it comes to researching good services. The best estate litigation lawyers have the best and positive reviews. Be keen on all the feedback from past and present clients, and this information will be helpful in the long run. The reputation of the estate litigation lawyers is critical as you can be able to gauge their performance and the kind of services they deliver. Dealing with a reputable lawyer gives you some level of confidence.
Different lawyers engage in varying specializations, while some engage in all areas. A jack of all trades may not be the right lawyer for you. Choosing a lawyer who has specialized in estate litigation will give you a competitive edge and will be able to handle your case in the best way possible.
Your choice when it comes to hiring the best estate litigation lawyers is dependent on their fees and your budget. Try as much as possible to look for estate litigation lawyers who are within your budget because you do not want to break the bank while seeking their services. It is vital to note that estate litigation lawyers who charge expensively for their services do not always mean that they are the best or that you will win the case. Also, avoid estate litigation lawyers who charge low fees as this could mean that their services are substandard.
Choosing estate litigation lawyers who are situated near where you live is beneficial for many reasons. First, you will not have to incur a lot of transportation costs to visit them and also, they are well versed in the local laws compared to those who live very far. Choose a lawyer who is easily accessible and can be present even in the event of an accident.