Beneficiary disputes and other estate-related disputes are complex yet common. They usually crop up after the death of a family member. The beneficiaries or other family members may disagree over the estate arrangements made by the deceased.
These disputes usually revolve around property distribution arrangements, capacity arrangements, or even POA arrangements. Expert estate lawyers can help you manage beneficiary disputes and avoid future conflicts on the topic.
These experts study the wills, trust deeds, and other relevant documents and agreements drafted and executed before the family member’s death. Effective mediation services from an estate attorney are an excellent way to resolve beneficiary disputes and similar disputes.
Mediation and Advisory Services
Estate attorneys have considerable experience dealing with beneficiary disputes. Hence, these lawyers may know the best strategies and techniques to resolve these disputes.
Your estate planning attorney will invite all parties involved in the beneficiary dispute for one or multiple mediation sessions. Mediations are conducted in court and also address the underlying non-legal issues surrounding the conflict. Most beneficiary disputes are solvable with careful mediation.
You may note that the goal of these mediation sessions is not to find out who is at fault or who is right. Instead, the lawyer focuses on finding solutions that work for all parties involved. The length of the process would depend on the facts and circumstances of each case.
Litigation and Representation Services
When parties involved in beneficiary disputes cannot reach mutually beneficial agreements through mediation, they usually go to court. Points discussed during mediations will also be considered during court trials. Your estate planning lawyer can help you build a strong case that works in your favor.
Evidence in the form of property ownership deeds, written submissions, wills, and other documents are studied in detail for the litigation process. It is easy to resolve beneficiary conflicts in court.
Attorneys argue your case in court and attempt to help you win a favorable settlement. The court will consider arguments and points raised by both parties and all related documents before giving a verdict.
Estate and trust disputes vary in nature. The lawyer studies the unique facts of your family dispute to build your case. Most trust and beneficiary disputes occur when terms of the trust deed and will are unclear and uncertain.
Your lawyer can help you understand your rights and obligations under the will and may also use collaborative law approaches to resolve the issue.
Knowledge of Estate Procedures
Estate lawyers have in-depth knowledge of estate planning procedures and other related laws. If the case escalates into probate litigation, your lawyer can help you with all legal aspects associated with the process or refer you to a probate litigation lawyer.
You may have to contest a will if you suspect somebody changed the will’s contents under suspicious circumstances. Estate attorneys can examine the will and help address mistakes, deletions, and additions to it.
Other common issues include the use of undue influence and breach of fiduciary duties. The court will invalidate the will if they conclude that the person who drafted the will lacks the mental capacity to decide how their assets should be distributed.
Minimize Legal Expenses and Taxes
Disputes relating to estate planning can become expensive affairs. Your attorney can help you find ways to minimize legal costs and other taxes associated with the process by recommending wealth preservation measures, conflict resolution measures, and other similar strategies.
It is essential to choose an experienced estate attorney for resolving beneficiary disputes. Besides legal knowledge, estate lawyers will also have to employ tact and intelligence to resolve family issues without causing the dispute to escalate further.
Wills and trust deeds are intricate documents. As a non-specialist, you may find it challenging to resolve disputes related to these documents without the guidance of a lawyer. Assess the experience profile, reputation, and credibility of the estate attorney before finalizing them.