These days, disagreements over the division of real estate are common. These disputes can be settled legally. The legal obligations and rights of all parties are settled. This is why estate litigation can be used to handle all of the estate-related issues before the law. You can bring a case against a will if you feel unfairly treated or if there were any mistakes in its execution. This case is primarily about family provision requests and validity of wills. You can see Denevan Falon Joyce for more information.
There are five conditions that must be fulfilled to have a valid Will. They include: the capability to make the will; the intent to do so; the approval and knowledge of the content of the will. In the case of the application for family provision, an individual who is eligible can either seek legal advice if they were left out in a will or are not properly provided for. There are other types of litigation based on the issue with will-making.
To enforce the rights of a client, we need representations when discussing estate litigation. The following are the main reasons for seeking them:
Beneficiaries are people who received the promised estate through a testament, trust or life insurance. Although this person should be the one to receive the rights of the estate, there may be complications.
The family of the beneficiary – When the beneficiaries’ family is not in agreement with the plan for the estate they may need to appear before the court.
The trustees hold the estate in trust for the beneficiary. When the true beneficiary has not reached the age of majority to be able to manage the estate themselves.
The heirs are those who were legally the owners of the home but not the ones that received it through a will. A lawyer will be needed to assist them as other issues come into play in the process of legal entitlement.
Executors can be designated on behalf the individual whose will needs to be written if that person’s health or mental stability is insufficient to do so. For them to have a say in the matter, they must be accompanied.
Administrators. When the sudden death of an individual occurs and no will has been prepared, the courts appoint administrators, who are able to finish the will. In order to protect their decision, the deceased must be represented.
Estate litigation issues should only be discussed with lawyers that have experience. The lawyers must be knowledgeable in the areas of gift and estate planning, trust creation, funding and administration as well powers of attorneys and probate, which includes decedents.