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What you should know about estate litigation

When one creates an estate plan, they wish to protect their loved ones should they become incapacitated or die. However, in some cases, the protection may not be as smooth as intended. Different factors may lead to disputes, causing loved ones to go to court.

If this is your case, here is what you should know about estate litigation:

Evidence is key 

Evidence is vital in estate litigation. For instance, if you are challenging a will, you need proof for the grounds of your claim. If you believe the testator was not in the required capacity when creating the will, get medical records and statements from witnesses to prove so. Solid evidence is key to protecting your loved one’s true intentions.

You need strength

Estate litigation can be complicated – you will fight with loved ones, and some may show you qualities you didn’t expect. In addition, you will need to learn about the litigation process to observe every procedure on time. Thus, you need strength when you opt for estate litigation. Nonetheless, with legal guidance, you should make the right moves without difficulties.

It can take time

Some people avoid litigation because it can be time-consuming. However, allowing a will that’s contrary to your loved one’s wishes to be executed may be challenging. You should be ready to fight for what’s right, but keep in mind that this can take time. However, gathering adequate evidence and guidance can help speed up the process.

It can be expensive

A prolonged estate litigation can be expensive. Thus, it will help to aim at settling the dispute sooner to avoid risking the value of the assets.

Estate litigation, whether you are initiating or defending a dispute, can be complicated. However, with legal help, you should get extensive knowledge and experience to make the right moves.

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LCA Litigation Counsel of America Fellow
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