In the realm of estate matters, conflicts often arise from external elements beyond familial ties. While families navigate the complexities of inheritance, various factors can sow the seeds of discord and result in legal disputes. 1. Inadequate estate planning...
Estate Litigation
When can someone contest a will during probate?
When a loved one passes away, dealing with the legalities of their estate can be a challenging process. One disruptive aspect that may arise is the contesting of a will during probate. Probate is the legal procedure that oversees the distribution of a deceased...
Lack of capacity when making a will
When a loved one dies, their will is a crucial document outlining how to distribute their assets and possessions. However, sometimes, disputes arise over the validity of a will. A common reason for contesting a will is the alleged lack of capacity by the testator, the...
Managing stress during estate litigation
Having civil cases move into litigation is not uncommon. According to United States Courts, there was a 39% increase in civil filings in 2021. Managing stress when a dispute in estate planning moves into litigation can be challenging for all parties involved. Keeping...
Understanding the elements of executor misconduct
The executor of a will has a responsibility to carry out the final wishes of the deceased. This includes significant duties and an expectation for honest, diligent and responsible decision-making. When an executor breaches those responsibilities, it may constitute...
Most common reasons for beneficiary disputes of an estate plan
Estate planning can be a complex process. After all, it involves making decisions about the distribution of assets after a person's death. Unfortunately, disputes among beneficiaries can and do arise, causing stress and conflict at a time when loved ones should be...
Determining when to contest a California will
Contesting a will in California is a complex and sensitive matter that you should approach with careful consideration. Understanding the circumstances in which it may be appropriate to contest a will is crucial to protect your rights and ensure a fair resolution. This...
Can you avoid these commonly litigated estate issues?
Creating a plan for your family's future after your death is the primary goal of your estate plan. However, sometimes issues crop up during probate that may open your estate up for a legal fight. Someone may initiate estate litigation for a variety of issues. Take a...
Litigating against a power of attorney
Powers of attorney give people the power to make various types of decisions on another's behalf. However, these documents also come with responsibility. This article will examine two ways one might litigate against those who misuse that responsibility. The first...
How to keep your kids from fighting over your estate
Family dynamics are often complex, but your children may need one another more than ever once you are no longer around to support them. Sometimes, conflicts over inheritances cause fractured relationships between siblings, but there are certain steps you might take...