When someone you know and love passes, the last thing that anyone wants to deal with is stress and confusion. Unfortunately, this is sometimes the case when it comes to contesting a will. These circumstances can become quite complicated which is why many people decide to depend on will dispute lawyers. Despite this, you may be wondering what specific services these attorneys can provide and how they may play a role in your case.
What is a will dispute?
Before getting into bringing in an attorney, it is important to first have an understanding of what exactly a will dispute even is. A will is a legal binding document that is often used as the basis to plan an estate and where the belongings of a deceased person will go. The document is created by someone called a testator while the person who actually oversees the distribution of the belongings is referred to as an executor. In order for the document to be official, it must follow certain guidelines such as having a description of the decedent’s estate and property, being both dated and signed by the testator, and naming each beneficiary and what they are supposed to inherit.
Will disputes can occur for a variety of reasons, however, they most commonly occur when one of the beneficiaries feel as though they have been left out or shorted by the details of the will itself. These disputes can also take place if the document is not precise in its language or doesn’t establish clear instructions of what is supposed to be given to whom. Basically, these disputes are classified by any case where a beneficiary challenges any of the provisions in a will.
What can a probate litigation attorney do?
A probate litigation attorney — also referred to as a will dispute lawyer — can offer a number of services that are meant to target many of the problems commonly associated with will contestations and related situations. They can address many of these concerns to get the problem taken care of including:
Will Contestation
As mentioned, contesting a will is often the main way in which probate litigation attorneys use their expertise. Any process of this type has to be settled legally in court. Attorneys familiar with these subjects will be able to analyze both the will and the case itself in order to aid you in moving forward with the procedure.
Fiduciary Complications
Executors, also known as the fiduciary, are usually a family member who is responsible for fulfilling the will requirements. If it is believed that this individual is not carrying out these requirements properly, it may be the right call to depend on a will dispute lawyer to figure things out legally.
Challenging Undue Influence
Undue influence refers to situations where someone in a position of power has used their sway in a manner that is meant to manipulate and disrupt the process of distributing the decedent’s estate. An attorney can help examine these claims and use this as a basis to contest the will.