Debating the Specifications of a Will with Estate Litigation Attorneys

by | Apr 11, 2015 | Real Estate Law

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The matters of an estate after a family member has passed can be a bafflement. Probate is the action and steps surviving family members must proceed with to distribute the property of the decedent to beneficiaries. There are many stages in the process. The proceedings as a whole can be time-consuming and confusing if there are a lot of assets involved. The task typically takes about a year, but some apportion can be handed over sooner. The majority of people aren’t knowledgeable in probate literature. Therefore, a lawyer can provide a lot of assistances.

Even when the stipulations in an estate are clearly stated, a family member can dispute any facets of it. There can be a number of reasons a clause in a will, trust or any other form of an estate can be seen as a fallacy. If a family member with direct involvement feels that way, estate litigation Attorneys can help dispute it. It is not at all uncommon for family members to have discordant feelings about an estate. An intense dispute can arise at any stage of the process. Naturally, families of high financial stature run into these problems recurrently. Some family members might feel they aren’t getting their fair share.

To avoid a lot of confusion and heartache in trying to revise an estate in court, estate arbitration and mediation is a good alternative. Estate Litigation Attorneys can provide effective counsel for that. Those with conflicting views have a mediator help everyone come to a mutual and fair agreement. If mediation is successful, a lot of valuable time and money is saved. When an arbitrator gives authority in the dispute, it is a sort of simulation of the court process. Both sides assert their wishes to the arbitrator. The arbitrator carefully deliberates the situation to make the final decision.

Sometimes the testator of a will was plighted with mental incapacity when the document was created. They were not able to make logically sound decisions. The beneficiaries can provide proof of the condition and be given the right to have the will re-examined and revised. With the help of a lawyer, a will can be pronounced null on the terms of mental incapacity. Contact the law firm of Mark Aberasturi to commence the process.