When To Turn To An Estate Litigation Attorney

The loss of a loved one is a very stressful time, and you may feel like focusing only on the process of bereavement. However, you might discover that there are problems with your loved one's estate and there are some circumstances in which you will need to speak with an estate litigation lawyer.

Will Modifications

You might discover that a will was modified in a way that you did not expect. This could be the result of undue influence on your loved one. A common situation is when a family member is being taken care of by someone else and that individual might place an inappropriate level of pressure on the loved one to make changes to their will.

Mistakes Made by the Executor

The executor is expected to act with loyalty toward the estate and to do their best when managing it. The executor must never use the estate in a manner that would benefit the executor. 

Unfortunately, you might notice an executor who is infringing on your rights or who is acting against the interests of the owner of the will. If this is the case, you will need to speak with an estate litigation lawyer promptly.

What to Do

The first step you should take is to speak with an estate litigation lawyer. The lawyer might contact the other party involved, and you might be able to negotiate a settlement. In most cases, issues involving an estate are handled out of court due to how expensive and time-consuming litigation is. However, if you are not able to negotiate a settlement, your case might go to trial.

What to Expect from Estate Litigation

To begin the process of estate litigation, you will need to file a caveat with the court. A court date will then be set, and this date might be revised. There are various pre-trial matters that will need to be addressed before the trial can begin.

Both you and the other party will exchange documents. You will also take each other's statements through the process of deposition. If your case does make it to trial, you will want to be represented by an experienced estate litigation lawyer who will represent you in court, will cross-examine witnesses, will present evidence, and make a closing argument. Then, the judge will decide whether a legal remedy is necessary and which legal remedy will be appropriate in light of the evidence presented.

If you think you have a case, contact a local estate litigation lawyer.