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Disputes are common during estate planning. If not solved, they may become a larger problem, even for those who are not involved. An attorney will act in your best interest and protect you from common disputes that can arise when someone dies without a will or trust in place. Here are three things that an estate planning attorney can help you solve.
Disputes Over Assets
Conflicts over assets can arise shortly after someone dies. If a beneficiary finds out there is less money in the estate than they expected, or that an heirloom has been sold off without their knowledge, they may take legal action to have the will reviewed. During the review, a judge can decide whether it should be changed and what happens with any remaining funds.
Estate planning lawyers have experience handling these situations and can file legal documents to get an accounting of how funds have been handled, call witnesses to testify about any alleged wrongdoing, challenge wills on technicalities, and negotiate settlements regarding remaining assets among beneficiaries. This will prevent you from going through probate court.
Disputes Over Warranties and Gifts
Warranties and gifts are common sources of dispute that an estate planning attorney can help you solve. These issues arise when a person promises to give away something but then changes their mind or does not end up giving the gift after all, leaving the recipient frustrated because they believed they were getting it. Individuals may change their minds due to personal reasons like health concerns or life events. If there is no written agreement stating anything different, this situation could leave you feeling cheated by the other who did not live up to their promise.
A will lawyer can help you draft an agreement that clearly spells out who is making the gift and why it is being given. The agreement can also include what condition the item must be in before giving it away, and how much time the giver of the gift has to follow through on their promise. This eliminates confusion and ensures the gift goes to whom it was intended.
Disputes Involving Sudden Incapacitation or Disability
If you never put into place any instructions for what should happen if you become incapacitated or disabled, your next-of-kin will have to go through a long and drawn-out process. This may require appointments from doctors to determine whether you're competent enough to distribute your assets.
An estate planning lawyer can help you set up a trust that will direct the executor on how to distribute your property in accordance with your wishes. The will may also include instructions on what should happen if there is no plan. This way, you'll be sure that everything will go according to your stated desires.
Many disputes can arise in any legal matter and estate planning is certainly no exception. For this reason, it is important to have a reliable estate planning attorney who knows how to solve issues on your side to have peace of mind.
For more information on how an estate planning attorney can help you, contact a firm like Wilson Law Group, LLC.
Share20 October 2021
