A Personal Approach To Resolving Your Estate Planning & Litigation Concerns

Are you facing estate litigation? What to know about finding skilled representation

by | Apr 21, 2017 | Estate Litigation

Many individuals are extremely careful and cautious when devising their estate plans. They review all of the options available that allow them to pass along their property to their families and loved ones.

While these plans often make it easier to carry out someone’s final wishes, they are not always as comprehensive as intended. There may be parties who disagree with the way the estate is to be distributed, and they may raise challenges that threaten potential litigation.

If you are a beneficiary, trustee or anyone else who has some sort of question or concern regarding an issue connected to estate litigation, you might not know what you should do first. Consulting an attorney is an important first step, but you need to know that the lawyer or law firm that you select has experience with these kinds of cases.

There are many firms in Nevada that bill themselves as litigators. However, there are few that have extensive experience handling estate litigation, and this is an important distinction. Estate litigation is a unique area of law, and it is essential that the law firm you select have the necessary qualifications to handle your case. In this post, we wanted to discuss why you should look for a firm that limits its practice solely to estate litigation and estate planning matters.

Estate litigation is a complex area of law

Many general civil litigation cases often involve relatively straightforward issues concerning a person’s liability for causing an injury to another party. In estate litigation, the issues are much more complicated, because there are several different possible approaches that must be analyzed to determine what actually happened. Depending upon the circumstances alleged, different laws will be used to apply to the situation.

For example, a beneficiary may allege that the person who drafted a will lacked the mental capacity to actually create that will. Others may allege that certain beneficiaries had “undue influence” over the person at the time the estate plan was created, and call the plan into question.

In these situations, your attorney needs to know what laws to apply to these cases, and then develop an approach that protects your specific interests. And, since these are often disputes involving family members, you attorney needs to understand the conflicting emotions that are often present in this type of litigation. It is easy to lose your focus in these cases, and it is important that you have a skilled law firm on your side to help you make difficult decisions.

Protect your interests and claims

If you feel that litigation may be necessary or you have been sued by another person in the estate, you should consult an experienced law firm before having any discussions with the other parties. Your attorney will help you prepare a solid case that ensures your rights are protected throughout the entire estate litigation process.