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Probate and Estate Litigation Blog

3 common reasons estate litigation becomes necessary

If we lived in an ideal world, all disputes would be easy to resolve and families would not get in contentious battles after a loved one’s death. This is often exactly what happens, though, and there are a variety of reasons. Regardless of what led to this point, if you are in such a situation, you should be aware of your legal rights and hire a legal representative if necessary.

The following are three of the most common reasons why estates become the subject of litigation. If you are dealing with one of these or any other problem in probate or estate division, it is important to approach the situation with understanding, patience and knowledge of what to expect.

1. Contest of division of assets

When there is a dispute as to the division of assets, it is very likely that litigation will ensue. Somebody might object to the fact that the will in question omits him or her. Alternately, a family member may claim more than their allotment per the will. These and other disputes of the contents of a will or trust will likely land you in court to hash out the details.

2. Purported incapacity of the decedent

One of the most important components of any will or trust is the complete and total cognizance of its subject. If there is any question as to whether a person is mentally aware and acting independently, someone could question or legally dispute the validity of the will. This is especially true if the subject did eventually become mentally incapacitated.

3. Disputes from creditors

According to Credit.com, after a person dies, some debts will die with them, but others may still remain. In the latter circumstance, creditors will likely seek compensation from the decedent’s estate. Handling this is complex, and if there is any dispute of a creditor’s claim, litigation may be the only option for resolving it and settling the account.

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