Estate Litigation

All posts tagged Estate Litigation

When one passes away, they usually leave behind property as well as debts. Usually, a property that belonged to a person comprise of tangible and intangible assets. These were owned by the decedent before he or she passed away and hence it is termed as a decedent’s estate. A creditor can claim that the deceased owed money to him or her or beneficiaries and other heirs of an estate can dispute the will left behind by the decedent. These are certain reasons that estate litigation matters arise for which legal expertise is sought.

Estate Litigation

Popularity of estate litigation cases

There are often issues that arise with an estate or property aspects in most people or family’s lives. As a result, a decedent who passes away and has left behind a will might be contested in court. There is a process initiated in such matters called the probate where the executor of the said estate will be responsible to declare the particulars of the will. In case there is no will a petition is often raised to open up the probate estate. In such a case the assets are accounted and the total value is ascertained. At such a time if anyone places a claim against the probate estate they can file a claim for the same in court.

Types of estate litigation cases

Claims that are placed against a probate estate leads to litigation matters if the executor of the estate or will is not agreeable to the claims made by the claimant. In the litigation case that ensues, if the executor agrees with the claims placed, then the sum payable is made out from the assets remaining in the estate. In such cases, there might be out of court settlements. On the other hand, when the claim is not accepted by the executor of the will, the creditor needs to petition for payment and those results in a litigation case.

Besides legal cases that arise when claims are made at an estate, the other category of estate litigation comprises of will contests. In such cases, an heir or beneficiary might challenge the contents of a will. The legal lights for one to contest a will and reasons for the same variety as per country or region; hence, as per existing local laws one can ask for a contest of the contents of a will if they feel that they have been deprived of certain rights to property or assets which should have been rightfully assigned to them. Often, the proportion of share of the assets is contested by different beneficiaries and so forth.