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What Is a Will Attorney?

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What Is a Will Attorney?

A will attorney handles various issues related to wills and will documents. Wills are legal documents that provide instructions for the distribution of a person’s property upon their death. Thus, wills are an important aspect of estate management. The will may address only specific items of property, or it can include all of the person’s belongings, monetary assets, properties, and non-tangible interests.

Wills must fulfill certain criteria in order for them to be legally enforceable. Thus, one of the main roles of will attorneys is to review a will document to ensure that it is valid under state laws. Will attorneys also handle will disputes as well as other related issues like trust documents.

What Are Contested Wills?

A contested will is one that contains terms or provisions that are under dispute. Will contests or disputes usually arrive when a beneficiary (or supposed beneficiary) has problems with the will provision. For instance, a will contest may arise over:

  • Whether a certain property item should go to a specific person
  • The amount of money being dispersed in the will
  • The timing of the will distributions
  • Classification of a property item

Contested wills generally require legal action in order to resolve the dispute.

What Are Some Common Will Disputes?

Will disputes often involve disputes among beneficiaries. In most cases, the beneficiaries are the deceased person’s relatives, children, surviving spouse, and close friends. Some common will disputes include:

  • Disputes over family heirlooms
  • Disputes over family land or property
  • Conflicts involving oral wills
  • Conflicts involving will amendments or second wills

A will attorney will usually review the existing will documents to try and determine the deceased person’s wishes. If it difficult to do this, the court may sometimes allow the attorney to review additional evidence related to the will property (such as receipts, previous gifts, etc.)

Do I Need a Lawyer for Help with Will Issues?

Wills are often a source of many different types of legal disputes. You may need to hire a qualified wills and estates attorney if you need help with any types of legal issues. Your attorney can help review documents to determine the rights of all the parties involved. Also, you may need to hire a will attorney if you need help drafting or reviewing your own will document.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 06-23-2014 11:46 AM PDT

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