Estate litigation resolves legal disputes regarding disability, death, aging, and the disbursement of assets within an estate. Many people think there is only a possibility of estate litigation after someone passes away, but there are issues that may arise with a person’s estate while they are still alive as well. Legal disputes may include issues with power of attorney, the designation of beneficiaries, living wills, trusts, and more. After a person passes away, estate litigation may involve disputes involving wills, trusts, and the distribution of assets.
These are all complex issues that are difficult for people to navigate on their own. At Beth Santilli Law, LLC, our estate litigation attorneys can help you navigate the probate system and overcome the challenges it can present.
Common Issues in Estate Litigation
Although any aspect of an estate may potentially become an issue in litigation, there are some disputes that arise more than others. The most common issues addressed in estate litigation include:
– Contesting a will or trust: When a will is contested during the probate process or a trust is contested at any time, civil litigation is typically necessary to resolve the matter and determine how to interpret the will or trust.
– Breach of fiduciary duties: Trustees and personal representatives of a person’s estate have certain responsibilities, and they are granted a fiduciary duty to manage the estate. They must always work in the best interest of the testator and when they fail to do so, it is considered a breach of their fiduciary duty.
– Conversion of assets: People will sometimes act fraudulently to profit from a person’s passing. When that happens, the matter must be taken to court to protect the individual’s estate.
These disputes are complex, and it is always advisable to speak to an estate litigation attorney for assistance.
How an Attorney Can Help
There are many ways an estate litigation attorney can help with your case. At Beth Santilli Law, your attorney will:
– Advise you of the laws governing estate plans, including what you can and cannot include in a will or trust, and how to establish a power of attorney and other estate documents
– Help with complicated family and financial situations
– Help you avoid estate litigation disputes
Our attorneys will always act as your advocate and ensure you have a solid estate plan. If you are in a dispute, we can also help you prove your case and protect your interests.
Get Legal Help Today
Whether you want to avoid disputes or you have already found yourself in the midst of one, our Mt. Pleasant estate litigation attorneys can help. At Beth Santilli Law, LLC, our experienced attorneys will help you through the complicated probate process and give you the best chance of a positive outcome. Contact us today to schedule a consultation and learn more about how we can help.