Unfortunately, a loved one passing away can sometimes be a catalyst for conflict among relatives. In some cases, disagreements over the validity of wills or other estate planning measures can take place. That said, if you’re currently facing an estate-related dispute, having skilled legal counsel in your corner is essential. Contact the skilled St. Louis estate litigation lawyers here at the Stobie Family Law Group to learn more about how we can help.
Estate Litigation Lawyers Serving Clients in St. Louis, Missouri
Our estate lawyers have extensive experience representing clients facing all types of estate disputes, and we stand ready to put that experience to work for you. We will provide candid legal advice and fiercely fight to protect your interests, every step of the way.
Common Causes of Estate Litigation
Estate litigation can arise out of a wide range of circumstances, including the following:
- Will Contests: Disputes often arise over the validity of a will. Family members may claim the deceased lacked the mental capacity to execute the will or was unduly influenced by another party at the time of its creation. Allegations of forgery or fraud may also be brought forward, leading to legal challenges.
- Breach of Fiduciary Duty: Estate administrators and executors have a legal duty to act in the best interests of the beneficiaries. Claims of mismanagement, self-dealing, or other forms of misconduct can result in legal action to hold the fiduciary accountable.
- Interpretation of Will or Trust Provisions: Ambiguities in the language of a will or trust can lead to conflicting interpretations about the decedent’s intentions. These disagreements may require judicial intervention to resolve.
- Claims of Undue Influence: When a person close to the decedent, such as a caregiver or relative, is suspected of exerting pressure to manipulate the terms of the will, it may lead to a legal challenge. Undue influence cases often involve allegations that the will does not reflect the true wishes of the deceased.
- Lack of Capacity: For a will to be considered valid, the person creating it must have had the mental capacity to understand its consequences. If there is evidence suggesting that the decedent was not of sound mind when the will was made, it could be grounds for a challenge.
- Estate Asset Disputes: Conflicts may arise over the valuation, division, or ownership of specific estate assets, including real estate, family heirlooms, or business interests. These disputes can be particularly contentious when multiple parties have competing claims.
- Creditor Claims Against the Estate: Creditors may file claims against an estate to collect debts owed by the decedent. If there are questions about the validity or priority of these claims, litigation may be necessary to resolve the issues.
Litigating an Estate
Estate litigation can be a complex and emotionally challenging process, often requiring a thorough understanding of both legal principles and the specifics of estate planning law. The litigation process typically begins with filing a petition in probate court to contest the disputed matter, which could involve a will, trust, or the conduct of a fiduciary. From there, both sides will have the opportunity to present evidence, conduct discovery, and make legal arguments to support their positions.
An experienced estate litigation attorney plays a crucial role throughout this process by:
- Evaluating the Case: Analyzing the details of the dispute and advising clients on the strength of their claims or defenses.
- Navigating the Probate Court System: Estate litigation often involves complex legal procedures. An attorney can guide clients through filing motions, meeting deadlines, and complying with court requirements.
- Gathering and Presenting Evidence: Building a strong case may require obtaining medical records, financial documents, or witness testimony to support your position. An attorney can ensure that all necessary evidence is effectively presented.
- Negotiating Settlements: In many cases, disputes can be resolved through negotiation or mediation rather than a full trial. An attorney can help facilitate discussions to reach a fair settlement.
- Representing Clients at Trial: If a settlement is not possible, a skilled lawyer will advocate for the client in court, presenting arguments and evidence to the judge.
The estate litigation process can be lengthy and demanding, but with a dedicated legal team on your side, you can feel confident that your interests are being vigorously represented. At the Stobie Family Law Group, we are committed to helping you navigate the litigation process while fighting to achieve a favorable outcome.
Contact Our Estate Litigation Lawyers
Don’t face the litigation process without a team of skilled estate lawyers on your side. The Stobie Family Law Group stands ready to effectively represent your interests, every step of the way. Contact us today so we can get started working on your case.
