Estate Litigation Lawyer Different From Estate Planning

Estate litigation and Estate Planning

Estate litigation shows the legal representation of resolving disputes regarding the distribution of a deceased person’s assets, whether they had a will or not. Eventually, this may also include disputes related to the administration of a trust or other types of estate planning instruments. Estate litigation typically arises when there are disagreements or challenges related to the validity of a will or trust, the interpretation of the terms of a will or trust, or the actions of an executor or trustee.

Simultaneously, estate planning refers to the procedure of creating a plan for the distribution of one’s assets upon their death. It involves creating a will or trust, designating beneficiaries for retirement accounts and life insurance policies, and making other arrangements to ensure one’s wishes are carried out after passing. Estate planning can also include strategies to reduce taxes and protect assets from creditors.

While estate planning seeks to avoid disputes by clearly outlining a person’s wishes and fetching for the competent transfer of assets, estate litigation focuses on resolving disputes when they arise. Estate litigation might seem too complex and emotional, as family members and other beneficiaries may have diverse interpretations of the deceased person’s intentions or may disagree with the actions of an executor or trustee.

In Virginia, estate litigation can include a wide range of issues, including will contests, claims against an estate, trust disputes, breaches of fiduciary duty by an executor or trustee, and disputes related to the interpretation or administration of a will or trust. An experienced estate litigation attorney can help individuals and families navigate these complex legal issues and work to resolve disputes in a manner that protects their interests and honors the wishes of the deceased person.

Estate Planning vs. Estate Litigation

Estate planning:

• Estate planning is making legal arrangements to transfer a person’s assets and property after they pass away.
• Estate planning involves creating wills, trusts, powers of attorney, and other legal documents to ensure that a person’s wishes are fulfilled after death.
• The primary goal of estate planning is to minimize the potential for disputes and ensure that assets are distributed according to the person’s wishes.

Estate litigation:

• Estate litigation involves resolving disputes that arise after a person has passed away and involves challenges to the validity of wills, trusts, or other legal documents.
• Estate litigation can also involve disputes between beneficiaries or challenges to the actions of executors or trustees.
• Estate litigation typically occurs when there are disagreements about the distribution of assets or when there are allegations of wrongdoing or breach of fiduciary duty.
• The primary goal of estate litigation is to resolve disputes fairly and equitably while protecting the rights of all parties involved.

Take your time getting the help you need. Then, contact The Law Offices of SRIS P.C. today to schedule a consultation with one of our experienced estate litigation Lawyers/attorneys. We’re here to help you through this challenging time and fight for your rights every step of the way.

How can an Estate litigation lawyer help you?

An estate litigation lawyer in Virginia provides legal representation and guidance to clients who are involved in disputes over estates, wills, trusts, or other related matters.

Here are some of the specific services that an estate litigation lawyer may offer in Virginia:

• Will contests: An estate litigation lawyer can assist clients in challenging the validity of a will, arguing that it was executed under duress, coercion, or undue influence.
• Trust disputes: An estate litigation lawyer can help clients resolve disputes over trusts, including disputes over the administration of the trust, the interpretation of the trust document, or disputes between beneficiaries.
• Breach of fiduciary duty: An estate litigation lawyer can help clients pursue legal action against a fiduciary who has breached their duty to act in the estate’s best interests or trust.
• Guardianship disputes: An estate litigation lawyer can help clients navigate guardianship disputes, including disputes over who should serve as guardians, disputes over the actions of a guardian, or disputes over the termination of guardianship.
• Probate litigation: An estate litigation lawyer can represent clients in probate court, advocating for their rights and interests in matters related to the distribution of assets, the payment of debts and taxes, and other related issues.

Overall, an estate litigation lawyer in Virginia protects their client’s rights and interests in estate planning and administration disputes.

With a proven track record of success, our attorneys have the knowledge and skills required to handle even the most complex estate disputes. We will work tirelessly to protect your rights, & interests are represented throughout the legal process.

At The Law Offices of SRIS P.C., we understand that estate disputes can be emotional and challenging. That is why we’re here to provide you with the compassionate support and guidance you need during this difficult time. In addition, our Estate Litigation Lawyers will work closely with you to understand your unique situation and enhance a customized legal strategy that meets your  specific requirements.