Will Property Dispute Lawyers

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What Are Will Property Disputes?

Wills are one of the main ways that property is passed between people. This is especially true for transfers of property between family members. In some cases, there can be a dispute over the property being distributed through a will. This can be problematic, since the maker of the will won’t be around to clarify what they meant in the will.

Will property disputes can involve personal property items, including jewelry, furniture, clothing, and other movable items. However, many will property dispute cases often involve real property interests, such as homes, condominiums, timeshares, and portions of a home.

How Are Will Property Disputes Resolved?

Will contests and property disputes are best resolved through a careful reviewing of the will document itself. In most cases, the judge or the reviewing panel will return to the original document that was drafted by the property owners. They will look for patterns and common threads that might indicate what the deceased person would have preferred.

For instance, if there is a dispute over jewelry distribution, and the judge finds that the person constantly referred to jewelry going to their only grandchild, this might be a factor to consider. Of course, the court will rely on specific instructions before attempting to make inferences regarding property instructions.

What If There Is a Dispute over Real Property?

Disputes over real property interests can be more complicated. In many instances, the court may need to contact the county recorder’s office if there is a dispute over title or over ownership of the property. For instance, one issue is where the deceased person tried to convey property that they actually did not legally own. When the beneficiary goes to claim the property, there may be a dispute with the current tenants or owners. This may require a title search to determine who the rightful owner is.

Other types of disputes can include:

Do I Need a Lawyer for Help with a Will Property Disputes?

Disputes over property mentioned in a will can sometimes be difficult to sort out. You may need to hire a lawyer if you need assistance with any type of will or property issue. Your attorney can provide you with legal advice on the matter. Since will laws may differ by state, it may be necessary to contact an attorney if you have specific questions regarding the laws in your area. If you need to file a lawsuit or initiate legal action, your attorney can represent you during such processes.

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Last Modified: 08-26-2014 03:49 PM PDT

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