When one of your relatives dies, the period that follows is one filled with uncertainty. This is true even if there is a trust or a will in place. There are family members who are grieving and family relations will start to appear out of nowhere. While, in most cases, people involved do not really want to be the cause of trouble, controversies can so easily appear.
Unfortunately, in so many cases, the only thing you can do is to hire an estate litigation lawyer to sort things out. But, there are also cases in which this is not needed. So, when do you absolutely need the help of the professionals?
The Estate Is Mismanaged
Trustees and administrators have strict legal obligations. They have to manage an estate only in the very best possible interest for beneficiaries. Whenever this is not done, estate assets end up being depleted. Beneficiaries are left with less than what they could have received.
Various types of mismanagement can be mentioned. Some examples include:
- Not paying taxes.
- Using personal assets in a combination with estate assets.
- Not acting fast when it is needed.
- Funds are embezzled.
- Not properly managing real estate assets.
- A lack of transparency.
- Very poor record keeping.
When you believe the trustee or the administrator is not managing the estate properly, a good estate litigation attorney will explain what can be done from a legal point of view.
The Estate Is Challenged
In several situations, there are beneficiaries that challenge inheritance. Some are left out of will and believe they need to receive something. Others simply want to get a part of the inheritance. Regardless of what the case is, you have to understand that all claims against an estate can end up affecting current beneficiary interests.
We should all know that real estate issues become complex very fast. They can involve highly sophisticated claims. When you deal with another party and that party has counsel representation, litigation is soon to follow. An estate litigation lawyer will help you deal with the dispute in the best possible way.
Estate Documents Were Unexpectedly Changed
Before someone dies, it is quite common to see people openly discuss intentions when it comes to real estate. As a result, it is a good idea to talk to a good litigation attorney whenever you notice that real estate documents include different things than what you initially thought they will include.
Unexpected or sudden estate documents changes can indicate the fact that something happened and it was inappropriate. Examples of reasons why such changes happened include:
- The deceased was under the influence when they were a victim.
- Amendments to a trust or will appeared due to forgery or fraud.
- The decedent managed to amend the trust or the will when the right mental capacity for the action was not present.
If you are not a lawyer, you are basically faced with very difficult situations when you want to navigate very complex estate-related matters. Proving that documents were changed in a way that is against the law is much more difficult than you might believe.
Whenever there are some issues present with an estate that is under litigation, it is very important that you get in touch with an experienced real estate litigation attorney. They will help you get the best possible results, which is exactly what you want.
The only extra thing that should be highlighted is that not all real estate litigation lawyers are created equal. Some are way better than others. It is thus very important to only hire one after you read former client reviews and arranged a meeting so you can be sure that the attorney can be trusted. Always opt for experience first and fees second.