What Happens When Heirs Disagree?
Families go through a lot when a loved one passes away. Emotions run high and often times a family comes together and treasures the time they have left with one another. There are of course times when family members don’t see eye to eye and even close and devoted families can find themselves in the middle of a heated arguments. When it comes to settling a person’s estate, there can be disagreements that arise that can be difficult to reconcile. The complexities that surround estate disputes can be very challenging to resolve and many families are not able to deal with it on their own. Getting help from an attorney should be the first thing you do if you are being contested by family members or heirs after someone passes away.
Levin Law Group wants to make sure that the difficulties associated with handling an estate are dealt with in a manner that honors the wishes of the person who has died and keeps the relationship of the heirs intact. Our estate lawyers are very experienced in these matters and will work with clients to have the best outcome possible.
When a person dies, they may have wanted their estate handled in a certain way. This is usually outlined in a will that they have established with an estate attorney. That will has appointed one or more persons to be the executors of the will. The executor will manage the estate and distribute assets to individuals designated in the will and the process in which this all takes place is known as probate. Many people may believe they have some right to the assets from an estate, but the only ones who have any legal right to an estate are beneficiaries named in a will and heirs. Even with a will in place, heirs may have disagreements about how it is carried out. There may be a long list of reasons why heirs may disagree with how an estate is handled, but the assistance of a qualified and knowledgeable lawyer can make the process easier.
If heirs disagree on how a will is being executed, they can challenge it. If a judge finds that it was not executed properly, they may prevent it from proceeding through probate. There are certain legal requirements that must be met when executing a will and if these are not met, it can give ground to an heir’s case to challenge the will. There are a range of things that heirs can disagree on that can create an estate dispute. Lack of testamentary capacity, undue influence, or fiduciary mismanagement are a few of the things that heirs can contest.
No mater what the reason for an estate dispute, getting to a point where things are resolved is an arduous process that requires attention to detail, the ability to appropriately compile evidence and knowledge of estate law. The complexities of estate litigation are daunting and having an attorney on your side who is qualified and informed will give you the best fighting chance.
The lawyers at Levin Law Group have work side by side with fiduciaries, heirs, executors and beneficiaries to come to a resolution that might not happen without their help. Contact our office to set up your free consultation today!