Common Estate Litigation Problems that a Lawyer Can Help With

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Common Estate Litigation Problems that a Lawyer Can Help With

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One of the main principles of estate planning is to work with an estate planning lawyer that helps you ensure everything is clearly laid out in paperwork from a legal perspective. Working with a great estate planning lawyer can help you avoid many of the common issues that occur, but sometimes things come up that you simply did not anticipate. That’s why it’s a good idea to learn about the common estate litigation problems that a lawyer can help with. The more you know about estate litigation and the issues that are commonly addressed in court, the better suited you will be to deal with them should they come up.


Problem #1 – Improper Execution of Documents

One of the common issues that can come up in estate litigation is when someone believes that certain documents in the estate plan were not executed the right way. Typically, documents like a last will and testament need the signature of the client as well as the signatures of two unrelated witnesses. This is why working with an estate lawyer that understands how to draft documents legally like the professionals at Millman Legal is so important. If you find yourself in a situation where someone is challenging the legality of estate planning documents, reach out to an estate planning lawyer immediately.


Problem #2 – Undue Influence

Another common problem that comes up during estate litigation is when someone believes that undue influence was used to create the estate plan. Sometimes, family members, relatives, and friends can pressure people into including them in the estate plan. They might want to disinherit certain people in the estate plan or change beneficiaries so that the estate plan is in their favor. The result of these types of accusations usually leads to estate litigation, so make sure you have a reliable estate lawyer helping you out with your every decision during these types of scenarios.


Problem #3 – Breach of Fiduciary Duty

Whenever someone is listed as an executor or trustee, it is up to them to make sure that the wishes of the deceased are taken care of. If they aren’t acting in the best interests of the beneficiaries, the chances of estate litigation are high. Breach of fiduciary duty is a serious allegation that is best navigated with the help of an expert estate lawyer.