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What Are the Common Types of Estate Litigation Disputes

Providing expert legal services for civil, family, construction, wills and estates and business law.

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What Are the Common Types of Estate Litigation Disputes

Estate litigation disputes are legal conflicts that arise between parties who have an interest in a deceased’s estate. These disputes often arise when a will is contested or when there is a disagreement over the value, ownership, or distribution of assets. Estate litigation disputes can be complicated and emotional, leading to lengthy and costly court proceedings.

Will Discrepancies

One of the most common types of estate litigation disputes is a discrepancy between the deceased’s will and the actual distribution of the estate. This can arise when a will is not properly executed or if the deceased’s wishes are not followed. For example, if the will states that the estate should be divided equally among the deceased’s children, but one child is given more than the others, this can be a source of disagreement and possibly cause litigation.

Estate Liquidity Problems

Estate liquidity problems are a common type of estate litigation dispute that can arise when an estate is not sufficiently funded to pay off debts or distribute assets to beneficiaries. Estate liquidity issues can occur when an estate is insolvent, meaning that the total liabilities exceed the total assets of the estate. This can happen when the estate is not properly managed or has not been adequately funded. In order to make sure that estate liquidity issues are avoided, it is crucial to consider the estate planning process and ensure that it is adequate to provide the necessary funds for the estate.

When an estate does not have adequate funds, the beneficiaries may not receive their inheritance or be able to pay off debts. This can lead to disputes between the beneficiaries and the estate, as well as between creditors and the estate. Sometimes, creditors may even take legal action against the estate or its beneficiaries to recoup their losses. In order to avoid such disputes, it is essential to plan and ensure that the estate is adequately funded.

Omitted Family Members

One of the most common types of estate litigation disputes is the issue of omitted family members. This can be a particularly contentious issue, as it can involve a family member intentionally left out of a will or trust or an individual somehow forgotten in the legal process. Omitted family members can include spouses, children, siblings, parents, and other relatives.

In most cases, when a family member is omitted from a will, trust, or other estate documents, the individual has a legal right to file a claim for their rightful share of the estate. This type of litigation is called an “omitted family member claim” and can be a lengthy and complicated process.

Final Thoughts

Estate litigation disputes can be a complicated process for everyone involved. Understanding the legal process and being familiar with the applicable laws when filing a claim or defending against a claim is essential. It is also crucial to consult with an experienced attorney knowledgeable in estate litigation law to ensure the best possible outcome is achieved. With the right knowledge and guidance, parties can work together to resolve their disputes and move forward with their lives.

Resolve your estate litigation dispute with the help of Pathfinder Law. We are an estate lawyer in Abbotsford that offer a range of different legal services, including civil litigation, family law, construction law and builders liens, employment law, wills and estates, and business law. Book a complimentary consultation now!

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.