Common Estate Planning Disputes
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What are Some Common Estate Planning Disputes?
Estate planning disputes can arise during the planning and executing phases of estate administration. A complete estate plan will be well thought out and will pay careful attention to detail. While it isn’t always possible to anticipate every change in life, a thorough estate plan will also make room for adjustments as needed.
Even with a good estate plan in place, it’s still possible for legal disputes to arise for various reasons. Some common estate planning mistakes and disputes may include:
- Disputes over property distribution
- Disputes involving inheritance rights and benefits
- Conflicts with the estate executor or administrator
- Issues involving sudden incapacitation or disability
Most estate plans are executed according to a person’s last will and testament. However, estate planning can also involve the management of the estate before the person becomes deceased.
What are Some Remedies for Estate Planning Disputes?
Of course, the legal remedies for estate planning disputes will depend on the type of dispute that is involved. It can also depend on the parties involved, since there are often multiple parties involved in some estate planning disputes. Some remedies for estate planning disputes include:
- Removal of executor: This is where the executor (the person in charge of estate administration) is removed from their position and replaced with a different person
- Damages award: Monetary compensation may be necessary, especially where one party has experienced losses due to a mismanagement of estate funds
- Re-distribution of property: Sometimes, the property is mistakenly distributed to the wrong party. In such cases, the court may order that the property be re-distributed according to the original estate holder’s intentions
In addition, some estate planning disputes are resolved through more informal discussions and negotiations. These can often help the parties resolve the conflict more quickly, especially if there is just a slight misunderstanding involved. However, more complex disputes (especially those involving business matters) may require more court intervention.
Do I Need a Lawyer for Assistance with Estate Planning Matters?
Estate planning is an important part of managing one’s property and assets. In order to avoid estate planning conflicts, you may wish to hire a lawyer for advice. Your attorney can help you plan your estate in such a way that reduces misunderstandings and disputes. Also, a qualified attorney can represent you in court if you need to file a lawsuit over an estate planning dispute.
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Last Modified: 01-09-2017 04:45 PM PST
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