After losing their loved ones, most families have to undergo Estate litigation to solve property cases and other disputes left by the deceased. Some of these proceedings target the will, where they need some clarifications or have it changed. No matter the circumstances, it’s a process you will not wish to pass through. You can work it out of court. What if there are irreconcilable differences? That’s when you need to move to court and have a fair judgment. The whole process can be intimidating, but it’s always necessary to undergo it for reconciliation.
Here are some points you need to note about estate litigation.
It requires determination
Yes, without determination, you might end giving up on this case. In estate litigation, you are dealing with family members – people you have fun together and spend most of your time with. Some of them may place false accusations or misrepresent facts, which will make you lose trust in them. They will criticize your character and might accuse you of things you aren’t aware of. The opposing side can term you greedy or a person with no values. All these accusations might make one filled with emotions and can lead to worse situations. It’s important to keep calm and take the proceedings calmly to avoid further disputes and inconveniences.
You will need an estate litigation attorney
As discussed, the process is not for the faint-hearted, and it comprises the law. It’s important to look for a competent estate litigation attorney to help you with the case. You can check on reviews, ask family members or use other means to get a reliable lawyer who will stand with you till the end of the case. According to law experts from https://www.brownhobkirk.com/, the attorneys will help you deal with any situation regarding estate planning, wills and trust, businesses, and anything else that brings you to court. It’s important to get one specifically for estate litigation since they know ways in and out of handling your case. You can ask for their experience, work history, and fee structure to ensure they are up to the task.
The process can be expensive
Estate litigation can cost you a lot if you aren’t familiar with the processes. That’s why it’s important to have a reliable lawyer to guide you on the same. You might hire the wrong lawyer who might demand payments first or be instructed to pay for the witnesses and pay more money to gather evidence. The good thing about a competent lawyer is that they charge contingency fees, which mean you only pay after winning the case. They will also help you gather evidence, walk you through the court processes and ensure you get a fair share of the deceased properties. Not all attorneys are the same, and this requires you to do due diligence when hiring.
Contesting the will needs to be fast
Are you planning to contest the will? Then it would help if you are fast. Why is it so? The reason is that it’s allocated a limited time in which, if you fail, you might get barred from taking any action against it. Having an attorney greatly helps with this. They will advise you on when and how you can contest the will without breaking the rules or going beyond the processes. Your attorney will also discuss with your opposing side attorney and write them a letter to inquire more about the case. After having the required information, your attorney can advise whether to continue with the estate litigation case.
Most Cases settle
Most litigation cases have success rates. The reason for this is that before they begin, lawyers of the opposing sides usually have a sitting and go through the evidence and information given before deciding to file for the case. Any reliable lawyer will advise you to continue with the case if they see it fit. They might not file a case which they are sure of losing. With these negotiations and advice, most people prefer settling matters out of court, which raises its success rates. Only complicated cases are forwarded to the courts for trial, and most of them end up turning to the side of the complainant.
However, one thing essential to note is that estate litigation cases won’t heal your emotions towards the family members. It’s important to have a sitting with them after the positive outcome and try to solve the differences. Most attorneys handle litigation cases as well as family cases. You can use them to handle both. While you might win the assets litigation case, you also need time to solve your emotional challenges for your family’s better future.