Losing a beloved family member can be difficult to handle, especially when complications arise with their estate. Inheritance disputes can quickly become messy, especially among relatives who have been at odds for some time.
A compassionate estate planning attorney can help navigate these conflicts, even when they result in legal battles. You can protect your loved one’s legacy with help from an Upper Marlboro estate litigation lawyer.
When Litigation is Necessary
Probating wills and paying out funds from a trust might not always be contentious, but when they are, the support of legal counsel is important. A Largo and Upper Marlboro estate litigation attorney can help in several situations.
Disputes Needing Resolution
These lawsuits usually involve conflicts between beneficiaries and other family members who were not named in the will. Some parties might challenge the will’s creation, citing fraud, undue influence, or a lack of mental capacity.
Challenges to Potentially Invalid Estate Documents
The validity of estate documents is often in dispute during the process of probating a will. If all the technical requirements of this documentation are not met, the court may rule it is invalid.
Addressing a Breach of Fiduciary Duties
Not all legal actions related to an estate involve conflict between beneficiaries. In some cases, the personal representative is the target of a lawsuit due to an alleged breach of their fiduciary duty. The representative is obligated to act in the estate’s best interests and avoid self-dealing. When they fail to do so, they could be liable for damages.
How Can an Attorney Help?
The guidance of seasoned legal counsel can be invaluable during these conflicts for many reasons. First and foremost, an estate litigation attorney in Upper Marlboro could use their experience and training to answer questions and develop a strategy. Careful planning early on can lead to success later.
One of the most important roles of a lawyer is to provide objectivity. Any conflict involving family members has the potential to be heated, and reason might not always prevail. Legal counsel can give objective advice regarding the possibility of resolving these issues.
Courtroom representation is another key consideration. While attempting to reach a settlement without help is one thing, moving forward with a hearing or trial is another. There are complex rules of evidence related to these cases, and a single mistake could result in an unfortunate outcome. Securing the best possible outcome at trial can be difficult when acting alone.
Attorneys can also focus on efficiency throughout this process. The reality of litigation is that it can get bogged down with avoidable delays when the attorneys on either side allow it. This can result in months or even years passing before an individual gets the inheritance they are entitled to recover. The right attorney can avoid these delays and keep a case moving.
Call an Upper Marlboro Estate Litigation Attorney During a Dispute
If you are concerned that a dispute over your inheritance may lead to a lawsuit, seeking out an attorney right away is critical. An Upper Marlboro estate litigation lawyer could review your case and ensure you have the best possible chance at getting the outcome you deserve. Call immediately for a private consultation.
