The Functions of Estate Litigation Lawyers 

The Functions of Estate Litigation Lawyers 

In life, people experience difficulties, and dealing with the estates of the deceased may be overwhelming. The legal process of handling the cases is referred to as probate. In the process, you may learn that is named in the deceased’s will as beneficiary or trustee.  The creditors, other named parties, and trustees may have financial stakes or legal obligations to the estate. If you are affected by the probate proceedings, then one should consult estate litigation lawyers and discuss the matter at hand regarding legal protection and associated rights.

Probate Cases Handle by Estate Litigation Lawyers

  • Will trials
  • Trust trials
  • Malpractices in estate planning
  • Wrongful obtrusion with expectancies
  • Disputes from creditors
  • Breaching of the fiduciary duties, among others

Administration of Probate

It is a process that a court of law directly supervises, and it helps settle deceased debts and passes on their property to their heirs or beneficiaries. In some instances, probate cases are avoidable, but most estates and owned assets and debts have to be probated. Estates that are not worth a lot of money have the eligibility to simplified court proceedings referred to as the administration summaries.

Litigation of Probate

When there are disputes on the deceased will, there may need to solve the issues through litigation. All the interested satta parties have a legal right to take legal actions against the assets or estate. The interested parties are the beneficiaries, the named heir, and the creditors.

Contests on Wills

People who are allowed to make claims with succession or inheritance rights, including family members not mentioned in the will that have statutory rights. The will can be contested if the following conditions are met:

  • The will in question, its drafting and signing was not witnessed as per the law requirements
  • If the will owner made the will when he/she want not mentally fit
  • There was unduly influence to the creator from an individual
  • Or when the will contains ambiguous and incomplete statements or language leading to raising of questions

Breaching of The Fiduciary Duties

The stipulated laws consider fiduciaries as the estate administrators hence they have a legal duty to the estate beneficiary or beneficiaries. Some of their duties are:

  • Following all the stipulated probate laws
  • They have responsibilities of managing the estates and associated assets
  • They should not self-deal with the estates
  •   Ensuring proper investments in the estates
  • Ensuring of excessiveness of the costs of administration

The administrators who are found to have violated the laws can be removed from their roles and ordered to cater for any damages.

Lawsuits on Trusts

The structuring of trusts is in a manner that the trustees hold and manage the deceased’s assets and estates on behalf of the beneficiary or beneficiaries. The trustees are considered as the fiduciaries hence they have a legal duty to care for the allocated trust with ultimate loyalty. Some of their duties are:

  • Distribution of the assets in the trust as per the terms of the trust
  • Making investments of the trust that contain limited risks
  • Administration of trusts in a cost-effective way
  • Putting the interests of the beneficiary first
  • Accounting for the trust to the named beneficiary

In conclusion, there are disputes which arise from trusts and they are settled through a court of law. People who are allowed to contest the trust or will are the heirs, creditors, associated family members, and the beneficiaries.