Wooden gavel lying on a white marble surface.

 

What is Estate Litigation?

If, after a person passes away, there are major disputes over how the deceased’s estate should be divided and distributed, a party may pursue litigation to resolve the dispute. This can happen if beneficiaries and/or family members disagree on the legitimacy of the will or the deceased’s wishes. Estate litigation can be costly, time-consuming, and often causes rifts between family members and loved ones. At Munro & Crawford, we do everything we can to help our clients resolve disputes as quickly and painlessly as possible as well as encourage thorough estate planning to prevent the likelihood of estate litigation from occurring at all.

 

How to Prevent Estate Litigation

Communicate Your Wishes

Make sure that you communicate your wishes clearly to your family and loved ones verbally so that the contents of your will is not a surprise to anyone.

Have a Lawyer Prepare Your Will

Always have your will prepared by an experienced lawyer. This ensures that your wishes are outlined in the will clearly and in such a way that they will be carried out exactly as you hope. 

Update Your Will Properly

If you want to make changes to your will, make sure you have a lawyer help you to make the changes in a way that will be legally admissible. It is also important, if you make a new will, to get rid of any old versions because multiple versions of your will can invite litigation after you are gone.

 

What Happens in the Event of Estate Litigation?

Sometimes, even if the deceased has thoroughly planned for their estate after their passing, estate litigation still occurs. In the event of state litigation, judges will look for any legitimate reason why the current will should be disputed. This could include issues surrounding guardianship, the existence of multiple versions of the will, the deceased’s failure to provide for their children in the will, or the allegation that the deceased was under someone’s influence when creating the will.

If you are dealing with estate litigation either as the disputer or the defendant of the will, it is crucial to acquire legal assistance from a reputable lawyer. At Munro & Crawford, our firm has extensive experience with estate litigation and will do everything in our power to help our clients through the process with as affordably, quickly, and stress-free as possible.

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