The very last thing you might want to happen immediately after your death is for your loved ones and children to become embroiled in an estate litigation lawsuit, fighting over all your properties.
Strange things usually happen when money is involved. But litigation needs to be avoided with the help of a San Francisco Bay Area trust and estate litigation expert at all costs.
Another perfect way to avoid this litigation is to consider going through a comprehensive financial and estate planning program, putting in place the required legal tools to enforce all your wishes, and making the wishes clear.
Although even with the best plan, it is not a guarantee that the litigation may not occur, an estate litigation attorney and financial and estate planning will still be worth it.
How Estate Litigation Works
Basically, estate litigation involves legal proceedings where disputes associated with the properties of a late person are resolved. In many cases, those proceedings mainly concentrate on the determination of the will’s validity, challenges made to have the will declared void/varied, and issues of undue influence or testamentary capacity.
It may also deal with all the challenges against other people interfering with the deceased’s assets before they passed away.
Litigation as a lawsuit in San Francisco is usually started by filing a Notice of Civil Claim in a court of law. Although estate litigation may lead to challenges being presented in the trial, a good attorney can help to negotiate a better settlement, saving you money and time in the end.
Causes of Estate Litigation
Estate disputes are very common these days. Whether you are a commercial estate developer, property management agency, condominium association, or residential property owner, chances are, you can get yourself in estate disputes at one point or another in your career.
Some disputes can get resolved out of the courtroom. But estate litigation becomes imperative when the parties involved don’t come to an agreement. This can be caused in various ways:
- Boundary dispute
- Specific performance failure
- Negligence or breach of duty
- Failure to disclose defects on properties
- Breach of contracts
Resolving or Preventing Estate Disputes
An effective way of preventing disputes over your real estate is for you to take the right steps to ascertain that proper planning is done while you’re still alive to ensure your wishes regarding property distribution is honored after dying. This may encompass the preparation of proper trust documents, wills, and other planning tools.
If you get involved in real estate disputes over someone else’s properties, like those involving asset entitlement, there is no option but to begin legal procedures. With the help of your San Francisco attorney, the estate litigation can get resolved through negotiation, whether in a structured way through mediation or informally by negotiations between attorneys.
The Attorney is the Way to Go!
When mourning your loved one, the last thing you might want to deal with is estate litigation. But litigation may arise when conducting the final affairs of the bereaved.
When such happen, it would be best to involve an experienced litigation lawyer in San Francisco. The attorney will not just protect your rights. The expert will as well advocate diligently and handle everything on your behalf.