When a close one dies, there is a period of uncertainty even if the deceased left a will or trust behind. Family members and friends are grieving and yet there is a possibility of strained relations coming to the surface. Most people avoid dealing with such situations during this time and hope that the trouble will sort itself out. Unfortunately, if one waits for too long, one might find out too late that their interest has been compromised. This article explains the challenging situations when one needs to hire a professional dallas estate litigation lawyer.
Estate is mismanaged by the administrator or trustee
Administrators and trustees are legally responsible for managing the estate in the best interest of heirs or beneficiaries. When they fail to manage the estate properly, it could lead to the depletion of valuable assets, leaving the heirs with far fewer assets than they should have received.
Mismanagement of estate can take on the listed forms:
- Failure to out outstanding taxes and claims
- Neglecting in managing the estate assets
- Commingling personal assets with estate
- Poor record maintaining
- Funds embezzlement from the estate
If a person suspects mismanagement of the estate by the administrator or trustee, hire a dallas estate litigation lawyer to know the rights and what can be done to resolve the situation.
When there are unexpected changes to the estate documents
It is not uncommon for most people to discuss their intentions concerning their estate in the years leading up to their death. An individual should speak with a professional estate litigation attorney if what the estate documents contain is different from what he is led to believe.
If there are sudden or unexpected changes to the estate documents it could indicate that something inappropriate has occurred:
- The deceased was unduly influenced when he changed his will.
- The deceased might not have had the mental capacity when he amended the will or trust.
- The unexpected changes to the will are the result of fraud or forgery.
Other parties are challenging the will or trust
One or more beneficiaries can challenge their inheritance under the estate. The reason could be that they were left out of the will or they were expecting more assets. Whatever the reason is, their claims against the estate can ultimately affect the interest of other beneficiaries.
An experienced dallas estate litigation lawyer can keep one apprised of any developments in the estate disputes and prepare one what steps or actions need to be taken for protecting their interest.
Even if an individual is not directly involved in a will or trust, an estate dispute can jeopardize his interests. There are often time-sensitive situations that could make the matter worse and thus, require immediate attention. It is advisable to hire a professional and experienced estate litigation attorney in such situations. A good estate litigation attorney is proficient enough to help in preparing a legally valid will or trust and also handling an estate lawsuit. It is with the professional guidance and representation of these lawyers that an individual can deal with complicated estate litigation issues.