Estate litigation typically involves one of two challenges: Either the party filing the estate dispute does not agree with how an executor is administering the estate or they believe the will is not valid due to lack of capacity of the testator, or influence imposed on the testator at the time they signed the will. These two estate dispute scenarios usually occur when there is evidence of a breach of fiduciary duties or interference with an individual’s assets before their passing – such as the deceased being taken advantage of during the later stages of their life. In either situation, it’s important to seek advice from an experienced estate litigator. Here’s what to know about how to file an estate dispute.
Filing A Dispute Against An Executor
An executor is the individual responsible for managing the estate after one’s passing. These duties can include settling debts, distributing assets, and executing the other terms of the will. With that said, an executor is not automatically liable for all estate obligations. Liability only stems from damages directly resulting from wrongful actions of the exectuor during estate administration – such as a breach of fiduciary duty. In other words, there needs to be evidence that the executor was either not acting in the best interest of the estate, or that they have been careless with their job duties.
That’s where estate litigators come in. A seasoned attorney will not only help you decide if you have a case but will also assist with actions such as evidence discovery and building an argument that’s strong enough to hold up in court.
Related Article: A Crash Course on Fiduciary Duties
Related Article: When to Hire an Estate Litigator
How Do I Prevent Estate Disputes?
Ensuring that the intentions of the testator are honored after death can be a difficult task. When it comes to the passing of a loved one, it’s easy to allow grief to cloud your judgment or overlook a breach of fiduciary duties. Here are some ways to ensure that an estate is being properly administered.
Plan Thoughtfully
For a testator, the first step to any successfully executed estate is planning ahead. Creating an estate plan with legal counsel when you are healthy and sound of mind can alleviate many of the issues that eventually lead to an estate dispute.
Keep A Record
If you suspect that a relative has been subjected to undue influence, making a simultaneous record of your observations may held you prove you claims later.
Act Early
Don’t let your suspicions wait longer than they need to. The sooner you are able to attain an attorney to help navigate a potential estate dispute, the better your chance of successfully proving your claims. Swift action at the start of a potential dispute can help you avoid setbacks and better ensure that your needs are addressed by the court.
Related Article: Estate Disputes
Trust Gaslowitz Frankel With Your Estate Dispute
Here at Gaslowitz Frankel, our goal is always to advocate for the best outcome for our clients. The key to a success in any estate dispute, regardless of the path you choose to take, is connecting with an attorney from the very beginning.
If you are involved in an estate dispute, we’re here to help. Contact us by filling out our contact form for a free consultation about your case.
Fill out our contact form for a free consultation.
