Estate Planning Strategy: Avoid Estate Litigation

The last thing anyone will want to happen after they have departed this world is to have children, grandchildren, and other family members involved in arguments and lawsuits because someone is not happy with the outcome of your will and estate. When money, assets, and property are involved, people’s behaviors will change. Money can cause people to act in strange ways.

One of the things you would want your family to avoid after your death is litigation. If litigation occurs after your death, it can lead to division in your family for years, and your family may never be the same again. The amount of money that it will take to cover the cost of litigation can eliminate your estate and everything you worked hard to leave for your family.

If you do not want your family to go through litigation after your death, one of the best things for you to do is to seek estate planning and financial planning advice. When you use estate planning and financial planning resources, you will have a crystal clear plan and you will have the legal resources you need to ensure your wishes are carried out.

We know that even if you have the best plan, there is no guarantee that litigation will not happen. Anyone can sue the next person for any reason. If this does happen, There are various causes of action in estate litigation and the contesting of wills, and some of those causes of action are listed below:

  • lack of capacity can be proven
  • the will was not properly drafted or signed
  • the testator was coerced during the creation of the will
  • there are concerns that the estate planning documents were forged

When a will is contested for any reason, this challenges the admission of the will into probate. Contesting a will can also rescind the probate of a will that has already been submitted to probate court. We understand not everyone thinks about estate planning, but everyone should. With the assistance of an estate planning lawyer, you can take the steps you need to ensure you have documents that will need lead your family to litigation.

For more information on estate planning and estate litigation, contact us today.