The Complicated and Sensitive Process of Estate Litigation

Yee Law Group Inc. > The Complicated and Sensitive Process of Estate Litigation

Sacramento Estate Planning Lawyer

Estate litigation can be a very complex and emotionally sensitive topic, especially for those who have to sort through the belongings of a loved one in the midst of loss. Those who have never heard about estate litigation before may have tons of questions about what to expect. During this time, a grieving family member may hire a Sacramento estate planning lawyer for assistance navigating such a complicated legal process. Here are a list of several questions that people may ask when it comes to estate litigation:

How can someone prevent disputes over an estate from happening?

The best way to lessen the likelihood of estate disputes is through creating a valid will with the assistance of an attorney at Yee Law Group, making the statements as clear as possible, and appointing someone you trust as the executor. But, sometimes even the most well-written and concise wills may be contested by an upset family member who did not receive the inheritance he or she thought was deserved.

What are some other reasons why a will may be contested?

There are many reasons why a will may be contested. There may have been evidence that the testator was not of mental capacity to write such a document, did not sign it properly, or was forced by another party to include certain statements.

Why should someone hire an attorney for guidance?

Many people who have never written or come across a will before, may have no idea what comes along with such a critical document. An attorney can offer guidance, advice, representation and support throughout the process of estate litigation. Having to prepare for estate litigation can be sensitive for family members, who are not only grieving a loss of a loved one but now must invest energy and money into a legal proceeding.

What if the executor of the will is not abiding by the deceased’s wishes?

A family member of the deceased can come forward with a dispute, if the executor is not protecting assets as he or she should be. If the executor lacks knowledge and fails to make decisions in the best interests of the deceased and beneficiaries, a dispute is likely to arise. Loved ones of the deceased want to see that their cherished family member’s legacy is being handled with care and respect. If they feel the executor is not doing his or her job correctly, they may quickly take legal action.

What does it mean if the testator was not of mental capacity?

A testator must be able to understand what he or she is doing in regards to the will, must be aware of what current assets he or she has, be able to identify beneficiaries, and overall understand the significance of signing a will. If the testator does not satisfy all of these requirements, the will may be contested and go through estate litigation. Testators that were of senior age or had a mental disability when the will was created and signed, may be more likely to have their will go through litigation after passing.