The 5 Main Reasons Estate Litigation Happens from a Litigation Lawyer Melbourne, FL Trusts
The last thing you would want to happen after you pass away is to have your surviving family and loved ones become entangled in an angry lawsuit over your estate.
When the legacy of a cherished family member remains, and combines with the immense feelings of grief,disagreements all too often arises between the surviving family members, as a Melbourne, FL litigation lawyer unfortunately understands well.
At Arcadier,Arcadier, Biggie & Wood, PLLC Wood we recommend doing everything you can now to help prevent estate litigation from happening after you pass away by establishing a strong estate plan with a skilled attorney. However, if a passing happens suddenly, or without the the guidance from a well crafted, and thorough will, here we have listed the five main reasons estate litigation can happen:
#1 – Lacking Capacity
As a litigation lawyer in Melbourne, FL can explain, a person must have been of mental competency to create a last will and testament, or trust. They must also have been fully aware and understand to whom a portion of their remaining assets are to be distributed. If lack of capacity can be proven, then the will or trust is unfortunately deemed void.
#2 – Undue Influence
This happens when the person was forced or threatened in some way by a friend, advisor, relative or worker to create the trust. In some cases, the influencer will attempt to coerce the person to writing certain people out of the will, or assigning the bulk of the assets to themselves, or a close accomplice. A Melbourne, FL litigation lawyer from our team can assist in determining if this has happened in the case of your loved on and help you seek justice on your behalf.
#3 – Forgery and/or Lack of Formality
If a last will and testament or trust is not properly executed, then it is likely to be contested and go through estate litigation. In many states, a will or trust must be signed by the testator, witnessed and then signed by two extraneous parties. Additionally, if it is suspected that any documents within the estate plan have been forged, then litigation is highly likely.
#4 – Breach of Fiduciary Duty
The representative or executor of an estate owes a duty to beneficiaries to be honest, loyal and diligent. If these duties are in any way violated, it can result in a cause for action.
#5 – Elective Share
In certain states, a surviving spouse is provided an elective share, which gives him or her a portion of the departed spouse’s assets based on a statutory formula.
Preventing Estate Litigation
The best strategy to help prevent litigation is to complete estate and financial planning, and writing a will that is precisely clear. List in the document the names of beneficiaries who are to get an assigned percentage of your assets, including certain treasures or belongings. Assign an executor of your estate that you trust to handle your affairs and distribute your last wishes as described. However, if a loved one was unable to take these precautions, a Melbourne, FL litigation lawyer from our team can help you and your family seek the proper guidance for the estate in question.
Our team of attorneys at Arcadier & Associates understands just how important it is for you to create an estate plan that is both properly executed and can be handled in the way you so wish. Whether you are working on creating a trust, or are getting prepared for an estate litigation process, we can help you through strategic and compassionate legal services. Contact a litigation lawyer Melbourne, FL trusts right away.