How can an estate lawyer help in resolving disputes in wills?
When someone passes away, a will dispute often arises because the deceased’s property must be divided. As long as a valid will is in place, the dispute and disagreement will be minimal. Nevertheless, certain situations will still result in disputes since instructions are left behind, and most of the time, they cannot be avoided. An estate lawyer organizes all of these possessions so that people can manage what happens to their assets after they pass away. Following a death, they help outline how property is distributed, and assets are managed.
For example, common will disputes can be avoided by a carefully drafted will, or they can be easily resolved with the cooperation of beneficiaries and the assistance of estate lawyers. Litvack Dessureault LLP offers assistance, advice, and representation if you have a dispute over a deceased estate.
Some ways in which estate lawyers can help in resolving will disputes:
Disagreement regarding the estate’s disposition
Families are generally concerned about whether the family home can be sold or if it should remain in the family. Disputes over the family home occur quite frequently. A will might stipulate that beneficiaries have an option to purchase a home from the estate, but even if such a clause is omitted, an agreement can still be reached and concluded. To determine the appropriate amount to be paid when one or more beneficiaries will buy the house, the parties should seek the help of an estate lawyer who will conduct a valuation of the property.
Executors causing delays
Executors manage probate proceedings and carry out the wishes of the deceased. Probate grants must first be obtained by executors. It is not necessary for the executor to act within a specific time limit. The executor may apply to the court to establish a deadline by which the executor must obtain a grant of probate if there is too much of a delay.
Finding out issues in the will
Creating a valid, inclusive will before death is one of the greatest gifts that can be given to loved ones. Having an estate lawyer assist with the protection of assets and ensuring that the wishes of the deceased are respected may allow the family to focus on dealing with grief rather than legal fights when a loved one dies. Having a lawyer review, the will, when it is drafted clarifies all the conflicts and privileges it contains.
A knowledgeable estate planning lawyer can assist you in drafting a legally enforceable will or in updating an existing will. As a result, it is important to keep your estate plan up-to-date, and a law firm can assist you in either contesting an unjustly left-out will or upholding a will in which you were left out.