Estate Litigation- Preserving Your Property Rights

Nowadays, property disputes are a common occurrence. The legal resolution of such disputes is available. You will need to settle the questions of legal rights and responsibilities of both parties. The estate litigation process is the legal procedure used in the case of disputes pertaining to distributions. Legal action can be taken by a party who believes that they have been treated unfairly in a previous will. This litigation deals mainly with applications for family provisions and the validity a will. You can get the best guide on Denevan Falon Joyce.

A valid will must meet five criteria: it should be made by someone who has the legal capacity, is aware of and approves of the contents and can sign the will. It also needs to comply with proper procedures for witnessing and signing the will. Legal help is available for a family provision case if a person has been left completely out of a testament or the provisions are inadequate. There are also other kinds of litigation that can occur depending on what the problem is with the will.

We need to use representations for estate litigation in order to protect a party’s legal rights. They can be sought by:

Beneficiaries — These are individuals who receive the inheritance promised by the will, the trust or the life insurance policy. The beneficiary is supposed to be the recipient of rights, but many issues could occur.

In rare instances, family members who are not happy with the will or estate plan may have to be brought before the court.

Trustees are those who manage the estate of a beneficiary. If the actual beneficiary hasn’t reached an age where he or she can own the property or estate, the trustee will hold it for the beneficiary.

Heirs — These people are legally owners of property that was not left to them in a Will. You will also need to have a representative in the court because many other things come into consideration when you follow through with legal entitlement.

Executors — They are appointed by the person for whom a will must be prepared if he or she is not mentally stable or well-enough to write it themselves. The final decision must be made by a representative.

Administrators. If a death occurs suddenly and there are no documents prepared to document the person’s wishes, then the court can name administrators. You must represent them to support their decision.

The lawyers with estate litigation experience should be consulted for issues relating to litigation. These attorneys should have expertise in trust preparation, financing and administration, powers and attorney and probate including estates of decedents.