In recent years, the issue of disagreement over distribution of properties is quite prevalent. Legal resolutions are available for such conflicts. In this case, the issues of rights and obligations are resolved. In this case, the term estate litigation is used for all matters relating to estate distribution in court. The person who feels that they were not treated fair in a deceased’s estate or there has been misconduct during the execution of a decedent’s testament can pursue legal action. This lawsuit is mostly about the validity and family provision of a person’s will. See Denevan Falon Joyce to get more info.
Five essential conditions must be met to produce a valid and legally binding will. These are: capacity to write a testament, intention to do so, awareness and acceptance of its content, the compliance of all requirements in signing and witnessing the document and absence of any fraud or influence. On the issue of family provision applications, the person who was either not included in a valid will at all or was inadequately provided for can ask legal aid. There may also be other litigation options depending on how the issues with the will were resolved.
If we are talking about estate litigation then representations will be needed to enforce an individual’s rights. You can seek them from:
Beneficiaries- These are the people to whom the estate was promised in a Will, Trust or Life Insurance Policy. Many complications may arise, even though this is the individual who has the right to inherit.
Family members – Family members of beneficiaries who disagree with estate plans may be required to represent themselves in court.
Trustees – These are people who hold an estate on behalf the beneficiary. The real beneficiary may not be old enough to inherit or manage an estate.
Heirs- These are the legal owners who did not inherit the property. In order to be able to proceed with the legal rights process, they will need representation.
Executors- These people can be chosen to act on behalf of someone whose wishes are to be made if they do not feel well or unable mentally to express themselves. In order to reach a decision, the executors need representation.
Administrators. In the event of sudden death, and if there was no prepared will, a court can appoint an administrator to carry out the wishes of the decedent. It is important that they are represented to ensure their right to make a decision.
If you have any questions about estate litigation, it is best to consult with an attorney who has experience in this area. These lawyers need to be familiar with estate and gift planning as well trusts preparation, funding, administration, powers-of-attorney, probate estates including deceased, guardianships, and conservatorships.