When a family member dies, the designated heirs can inherit the property and assets left behind. But sometimes disputes occur where there’s no will or if the deceased did not put all assets under a trustee. As a result, litigation ensures a smooth and fair distribution of all assets.
Dallas estate litigation lawyers help heirs, trustees, beneficiaries, and executors navigate the complex estate litigation and achieve a good outcome. They also help property owners draft a will and estate plan before death strikes.
Here are the top 7 reasons for hiring estate litigation lawyers.
Drafting a Will/Estate Plan
Estate lawyers are important when drafting wills and preparing property documentation. They, therefore, help property owners understand the legal terms and implications to ensure compliance with state property laws.
Since they have adequate knowledge of the legal system, they can guide property owners on the correct legal phrases to use when drafting wills or estate plans. Eventually, property owners can make sound decisions on behalf of their families.
Updating Property Documents
Changes in social status sometimes occur due to marriage, divorce, change of trustees, or the birth of a child. As a result, property owners may need to update their estate plans to accommodate their family needs.
Dallas Estate litigation lawyers offer guidance when changing critical information on property ownership. They help estate owners avoid legal mistakes that may affect the validity of the estate plan.
Navigating the Probate Process
The probate process is the legal procedure that determines the estate’s fate under dispute. But most people don’t have the legal knowledge of handling the process. In addition, they may not know the different federal and state laws that govern estate litigation. As a result, estate litigation lawyers help heirs, and other parties understand key aspects like the will, estate, trust, and guardianship.
Disputing a Will
Sometimes a will may be under dispute by either party that claims property inheritance. For instance, the will may contain errors or omissions, like leaving out some beneficiaries. In other cases, a disputing party may claim more entitlement to the property than what the will covers.
A beneficiary may also challenge the will’s validity if they believe the deceased wasn’t in the right state of mind when drafting the will.
Estate litigation lawyers help solve such complex claims so that parties arrive at a reasonable conclusion.
Breach of Legal Duties
A family member or a trustee may have the legal responsibility of fulfilling the requirements of a will. But if a trustee fails to comply with the legal requirements or the deceased’s wishes regarding the will, then a probate may be necessary. Estate litigation lawyers will help both parties understand the extent of the breach of legal obligations.
Minimizing Estate Taxes
Every state has tax laws that require property owners to file due taxes for their estates. If an estate is subject to property taxes, hiring litigation lawyers may be necessary. They have a deep understanding of the federal tax laws and work with accountants to help prepare the required paperwork. Estate lawyers also help property owners create an estate plan that helps minimize tax liability.