If your loved one passes away and you have concerns about their will or other issues pertaining to their estate, there are options available to resolve these matters.
With the help of a Louisiana attorney, you can disputes these issues. After all, you want to be sure that your loved one’s wishes are carried out or that any issues, such as last-minute changes to the will, are verified as authentic.
However, dealing with succession disputes can be complex. Along with the legal matters associated, you will likely encounter disagreements with family, fights over real estate, personal property or other important and meaningful assets. Getting a legal advocate on your side cannot be stressed enough.
Is a trial necessary to resolve a succession dispute?
In most cases, succession disputes can be resolved outside of court. You may be able to negotiate with other successors and heirs, for example, to resolve a problem associated with the will or estate without getting a judge involved.
However, if you have a specific issue that cannot be resolved via mediation or other alternative dispute resolution methods, litigation may be necessary.
Situations when litigation should be considered
Every situation differs but succession litigation may be needed in cases of:
- Will contests
- Trust contests
- Undue influence
- Will and/or trust fraud
- Lack of capacity
- Breaches of fiduciary duty
- Power of Attorney
Disputes can arise for issues other than these as well.
The importance of making your case
Whether you plan to resolve the matter in or out of court, it’s important to provide evidence as to why you feel, for instance, that the will of your loved one was tampered with, or undue influence played a part in the creation of the will – not just a simple “gut feeling” something is not right.
Seeking the advice of an attorney with knowledge in this area of law can help you build your case. A lawyer can also help explain the process and potential outcomes as they pertain to your specific situation.