Common Types of Estate Planning Cases

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What Are Some Common Types of Estate Planning Cases?

Estate planning is a complicated area of law that requires legal representatives to work closely with individuals who are designated as representatives of a deceased person’s estate. Usually a person is named as an executor or executrix of a will and assigned responsibility to oversee legal processes related to the distribution of the estate. This can lead to many different kinds of estate planning cases and lawsuits due to a number of potential conflicts that arise during the legal process.

How Are Estate Planning Cases Resolved?

Some estate planning cases are settled through informal discussions amongst the parties involved, or in non-adversarial processes such as mediation. Other cases are taken to probate court for resolution. The court may order that the executor be removed or changed, or devise a new distribution of assets and wealth according to trusts and estates law. If significant losses have occurred as a result of illegal estate planning, a court may give a monetary award as part of its decision.

What Are Some Defenses in Estate Planning Cases?

The nature of the defense will depend on the nature of the estate planning case. Some estate issues must be addressed within a specific period of time. If the statute of limitations has expired on a particular estate claim, the defendant can request dismissal of the case.

In matters of undue influence, a successful defense could be to show that a third party was involved and gave similar advice. Another defense for undue influence is to show the court that the final distribution of assets wasn’t unfair or illegal.

Do I Need a Lawyer for Help with an Estate Planning Case?

Estate planning cases rely on technicalities of both finance and law that are sometimes difficult for the interested and affected parties to understand. An estate lawyer will be useful in translating the jargon of financial and estate law to his or her clients. If disputes arise, an estate lawyer will represent you during the litigation process.

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Last Modified: 03-08-2016 03:55 PM PST

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