litigation attorneys employ various strategies and approaches to resolve disputes related to estates. These professionals specialize in handling legal matters that arise during the administration of an estate, such as will contests, disputes over asset distribution, claims of undue influence or lack of capacity, breach of fiduciary duty, and more. Here are some common strategies and approaches used by estate litigation attorneys
Mediation and negotiation
Estate litigation attorneys often begin by attempting to resolve disputes through mediation or negotiation. Mediation involves a neutral third party who helps facilitate communication and assists the parties in reaching a mutually acceptable resolution. Negotiation involves direct discussions between the parties, sometimes with the assistance of their attorneys, to find a compromise.
Litigation
If mediation or negotiation fails to resolve the dispute, estate litigation attorneys may proceed with litigation. This involves filing a lawsuit and presenting the case before a judge or jury. Litigation can be a lengthy and costly process, but it may be necessary when the parties are unable to reach a settlement through alternative methods.
Will interpretation
Estate litigation attorneys often analyze the language and provisions of a will to determine its true intent. They may argue for a particular interpretation of the will’s provisions, especially when there is ambiguity or conflicting language. This approach can help resolve disputes regarding asset distribution or the validity of certain bequests.
Capacity and undue influence claims
Estate litigation attorneys may challenge the validity of a will or trust by asserting claims of lack of capacity or undue influence. Lack of capacity refers to the testator’s mental ability to understand the consequences of their actions when creating or modifying the estate plan. Undue influence claims allege that someone exerted pressure or manipulation on the testator, causing them to make decisions against their true wishes.
Fiduciary duty breaches
Estate litigation attorneys may represent beneficiaries or heirs who believe that an executor, trustee, or other fiduciary has breached their duty. They may argue that the fiduciary failed to act in the best interests of the estate or engaged in self-dealing, mismanagement, or fraud. These claims aim to hold the fiduciary accountable and seek appropriate remedies.
Expert testimony
Estate litigation attorneys often rely on expert witnesses to support their case. These experts may include forensic accountants, appraisers, psychologists, or medical professionals who can provide specialized knowledge and opinions relevant to the dispute. Expert testimony can help strengthen the attorney’s arguments and provide credibility to their client’s position.
In summary, estate litigation attorneys employ strategies such as mediation, negotiation, litigation, will interpretation, capacity and undue influence claims, fiduciary duty breaches, and expert testimony to resolve disputes related to estates.