Estate Litigation

An Alaska estate litigation lawyer should be retained as soon as possible after you believe there are reasons for a dispute or conflict to emerge in the administration of the loved one’s estate.

Most people have done their due diligence with estate planning and expect that there will be few, if any, claims against the estate in terms of disputes and conflicts. Unfortunately, however, probate court litigation can and does happen. This broad term incorporates many different situations all of which are related to a person’s estate after they have passed away.

Estate litigation can be relatively simple when a will contest gets dismissed up to very complicated based on the levels of issues involved. It’s not common for a personal representative to even know how to open these claims and handle them moving forward, especially when the personal representative was overwhelmed with the main tasks of working as an executor. Depending on how many assets are in the estate, this can involve significant work in gathering all of the assets into the inventory and then determining how many claims exist against the estate.

Why Is an Estate Litigation Lawyer Needed?

Once someone has passed away their estate needs to be admitted to probate court and this raises many questions for beneficiaries and would be beneficiaries of the estate. The process of Alaska probate litigation typically involves identifying the assets of the deceased, deciding on the payment of taxes and other expenses and distributing property among legal heirs as provided in the will.

In many cases this is streamlined without any disputes at all and means that beneficiaries can receive their intended assets sooner rather than later. If litigation occurs, however, this can cause high tension among family members and very complex legal battles. A few different parties can be involved in estate litigation claims. If you find yourself applying the role of any one of these parties, you need an Alaska estate litigation lawyer as soon as possible. Some of the most common parties involved in these claims are the executor, a beneficiary and a trustee. Most common forms of issues that emerge in probate court include will and trust construction suits, asking the court to determine a legal meaning or effect of particular wording used in a will, a will contest in which a party is challenging the overall validity of a will, guardianship contests, trust modification and reformation suits, breach of fiduciary duty actions and trust termination suits. All of these different cases can be involved in a singular probate litigation claim or multiple issues may arise in one claim. When probate litigation occurs, it calls upon an experienced probate litigation lawyer in Alaska to evaluate the circumstances of the claim and to inform. Knowing what to expect in this legal process is important for moving forward and recognizing the role that you play in a probate litigation case. There are so many different factors to consider, including how this might strain your relationship with existing family members, and it is critical to understand your rights and responsibilities as well as the potential success of a case before moving forward and opening a legal claim.

Sitting down with an estate planning lawyer is one of the best ways to get clarity over what to anticipate and to get your questions answered before filing a claim. If you are a beneficiary of an estate or should have been a beneficiary of an estate and have other questions about the process of administering a loved one’s estate or making a claim against it, consulting with an attorney sooner rather than later can benefit you.

Contact Information