The transfer of an estate is often more than just money and property — it is a manifestation of one’s legacy and values and the compilation of what a testator has to offer those he/she loves. Because of the emotional and mental collateral often attached to estates, there is a chance for there to be a dispute at any juncture in the process, from the creation of the estate plan to the transfer of wealth after the life of the testator.
Estate disputes can surround the executor of the estate, disputes between the beneficiaries themselves, conflict about the creation of the estate, or executive issues with the estate plan, among other potential conflicts. Working with a knowledgeable and compassionate litigation attorney is mandatory when negotiating an estate.
What is Estate Litigation?
Estate litigation refers to any legal proceeding involving disputes over an individual’s assets after they pass away. This commonly refers to Wills and the litigation involved to have the will changed or destroyed. Estate litigation also includes court proceedings that surround the assets of an individual that died intestate (without a will) and can involve trusts, property, life insurance policies, businesses, and additional personal assets.
Common Reasons Estate Disputes Arise
Undue Influence
If a third party compelled or forced the testator to change their will beyond what the testator may have done of their own free will, then this may be grounds to alter or remove the will altogether. In court, a litigator may prove that a testator was unduly influenced by calling on witnesses and psychological experts.
Unsuitable Estate Executor
If an executor fails to perform their fiduciary duties, this may be grounds for a dispute, where the beneficiaries may aim to remove the executor from the estate. Certain duties that the executor is obligated to perform include protecting the best interests of those he represents and administering the estate in a timely manner.
Lack of Capacity
In order to have full capacity, a testator must understand the contents of his estate, understand who the natural beneficiaries would be, and understand that he is dispositioning his estate. If the testator is suffering from emotional or mental illness, like dementia, this may cause the will to be disputed.
Property Distribution
If the beneficiaries believe that the will does not accurately reflect how the testator would have wanted to distribute the property, or if there was an asset that the testator may have forgotten to add to the will, this may be grounds to dispute the distribution of property.
Will Validity
If the deceased did not adhere to specific legal formalities when making the will, or if there are other administrative errors, beneficiaries may contest the will.
Do You Need an Estate Litigation Attorney?
An undisputable part of the estate litigation process is having an attorney that can make the best decisions for you and provide the best outcome. Only an experienced attorney can navigate the complicated legal process while easing the emotional turmoil that a beneficiary may be experiencing as well as alleviating stress, minimizing family conflict, and preserving the legacy of the deceased. With years of proven experience, the estate litigation attorneys at Gaslowitz Frankel are unrivaled in the state of Georgia. Our passion is for our clients.
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