Are you prepared for Estate Litigation?
If you’ve been appointed a trustee or personal representative or named as a beneficiary of a loved one’s estate, you must be prepared for anything that could happen during the process of winding up someone’s final affairs. [Related topic: New York Will Contests]
For better or for worse, due to drafting errors, questions of interpretation or malfeasance from any of the involved parties, individuals dealing with probate or trust administration tend to find themselves embroiled in estate litigation. If this is your case, are you aware of what you should expect from estate litigation?
RELATED: At Millman Legal, they provide a comprehensive directory of litigation services for groups and individuals in need of an attorney to represent them in disputes involving estate litigation, wills, beneficiaries, heirs, trusts, trustees, guardianships, and conservatorships. If you need help from a New York Will Contests, don’t hesitate to email them at firstname.lastname@example.org or call them on 1-800-651-6518 for an initial consultation.
Bringing to terms the desires manifested in a person’s will is known as probate, while the process of effectuating the terms of a trust is known as trust administration. However, probate is also used to administer the estate of someone who dies without a will.
In such a situation, emotions are often running high and if significant amounts of money are involved, disputes may arise during probate and trust administration. Whereas estate litigation is rather unique in terms of the parties involved and the circumstances in which they interact, it includes several processes and procedures typical of other kinds of lawsuits.
If someone wants to start a will contest or other estate-related dispute they must initiate it by filing a caveat with the court, and then the parties can gradually work their way toward a trial date while dealing with a number of complex and varied pre-trial matters.
Although this is an oversimplification of a highly complicated and detail-oriented process, you shall be working closely with your attorney at various stages throughout litigation in order to advance toward a favourable and cost-effective resolution.
Lawsuits will occasionally proceed to trial but in most cases, these are resolved through settlements outside of the courtroom since it is often in the best interests of all parties involved to come to mutually-agreeable terms.