If you’re grieving the loss of an individual you love dearly and you’re grieving, the first thing you’ll want to consider the possibility of estate lawsuits. In reality, because of unclear language or fraud, it’s necessary.
Disputes can arise when the process of completing the final wishes of a person. Most of the time, possible beneficiaries can deal with the issues without having to go to court. Sometimes, however, there are unresolvable disputes that need to be resolved in the courtroom.
Here’s what to be prepared for prior to estate litigation.
1. You’ll need a strong stomach
Even if you’ve got positive relationships with your relatives isn’t a guarantee that there won’t be a lot of sparks in the courtroom. There’s a good chance that you’ll be facing allegations and misrepresentations by the opposing party.
The other side will put your character in doubt. They will reveal any flaws that they spot and could infer some things regarding you, which may not be the truth. It’s in their best interest to make you appear more naive or less concerned than you really are.
Be prepared for questions regarding whether you made visits to your beloved ones when they were sick or lived off their earnings. Nobody ever claimed that it was an easy emotional procedure.
2. The cost of litigation can be high.
There’s no escaping the fact that litigation is costly. Costs vary depending on the case, and lawyers cost differently.
In certain cases the fees will be paid on a contingency basis, meaning that they’d only pay if they succeed. Be aware that this won’t work in every situation, however, and a lot of lawyers will be charged upfront.
3. If you are contesting this will need to be done quickly
It is common to have a short period of time to challenge the validity of a will. If you don’t speak with an attorney within the first few days of the death of a loved one or in the event of a death, you could be ineligible to take any action.
If you speak to the attorney you spoke to, they could recommend filing the lawsuit immediately. Or, they could suggest sending a letter to the opponent’s attorney, asking for information. You could or might decide not to pursue a lawsuit depending on the information that you get.
4. You’ll need the ideal estate litigation lawyer
Estate Litigation Attorneys in Los Angeles, CA Whenever you’re engaged in any legal dispute it is recommended that you seek advice from an attorney with the relevant experience and expertise. Contact your family or friends for suggestions and conduct some study before deciding on an attorney.
Find a local lawyer who is experienced in estate-related litigation. If you are considering an attorney, be thinking of, ask questions regarding the time they’ve spent practicing law, their past cases, and the fee structure they have.
5. The majority of cases settle
Once litigation has begun attorneys from both sides are able to search for evidence and share details. They’ll go over the strengths and weak points of your case so that you can make an informed decision on whether to go to the courtroom.
Many clients are exhausted from fighting and discover that they’re willing to settle in order to avoid trial. Others find they are less strong than they thought, and decide that they are satisfied with the settlement.
6. It will not heal your feelings.
Although taking down your opponent and claiming what you deserve might feel good, however, it isn’t going to erase your emotional scars. The law of the land cannot resolve emotional issues, like regretting that you didn’t get to spend longer with your family, or anger over a difficult childhood.
Think of litigation as an important business decision, and without emotions. This will place you in an ideal position to reach a settlement or prevail in your case. If you feel a lot of pain or anger following the aftermath of a passing (as many people have) discuss it with an intimate person or counselor instead of expressing your feelings in court.
There is no way to bring your loved one back or alter the past. There may be some closure by settling the legal issue however, it’s best to deal with the emotional issues due to death elsewhere.