When a person dies, disputes sometimes arise when a beneficiary or family member of the decedent disagrees with the will or some aspect of the the probate process.
Our attorneys at Bassett Murray Law Group have years of experience helping clients through estate litigation. Contact us today at 734-930-9200 to schedule your consultation in Ann Arbor, MI.
What Is Estate Litigation?
Estate litigation is a legal dispute over a decedent’s assets and property. This type of dispute can arise when a decedent’s beneficiary or family member believes that the probate process is not being carried out according to the decedent’s wishes.
However, estate litigation can also involve disputes while the estate owner is living. For example, these disputes may arise over trusts that the estate owner has created to hold their assets.
Trust and estate litigation can encompass many issues, such as:
- Probate litigation
- Will contests
- Defense of wills
- Trust contests
- Legal guardianship issues
- Removal of personal representatives
- Breach of fiduciary duty
- Estate fraud
- Lack of testamentary capacity
- Undue influence
- Spousal rights
- Misappropriation of assets
- Determination of heirs
These issues can arise when there is confusion surrounding wills and estates, a person does not fulfill their legal duties for the estate, or family members disagree with the estate process in place.
If you are currently navigating estate litigation, working with an attorney can help you approach this issue effectively, protect your rights, and ensure that your voice is heard during litigation.
How to Prevent Estate Litigation
Estate litigation can arise for many reasons: jealousy from family members, incomplete estate planning, verbal promises that are not written into the estate plan, controversial inheritance decisions, etc. However, estate owners can take a few steps to clarify their desires for their property and prevent estate disputes.
Here are a few tips for estate owners to prevent estate litigation:
- Have a comprehensive estate plan: You must ensure that your estate plan is as detailed and thorough as possible to prevent confusion after your death
- Edit and correct documents as needed: Never write on your original will and trust documents. Margin notes cause confusion and problems in administration. Instead, use a separate piece of paper to make notes of your edits and corrections and provide that to your attorney. You should also review them whenever there is a major life event such as a marriage, divorce, birth or death in your family and update them any time you change your plans for your estate.
- Work with an estate planning attorney: Finally, working with an attorney can ensure that your estate plan is comprehensive and precise. Your attorney can also guide your family members through probate after your death.
How to Handle an Estate Discrepancy
If you are experiencing a discrepancy over a loved one’s estate and are facing litigation, having an attorney on your side is essential. Your estate planning attorney can help you and your family members understand the documents in the decedent’s estate plan and clear up any confusion. They can also represent you during litigation if necessary.
Contact Our Professional Probate Attorneys in Ann Arbor, MI
Our experienced attorneys are ready to assist you through estate litigation in Ann Arbor, MI. Contact our Bassett Murray Law Group today at 734-930-9200 to schedule your consultation.