When Family Estate Fights Turn Into Litigation
Estate litigation lawyers deal with a very contentious are of law. It is important to lawyers who understand the dynamics and the law involved in estate litigation. When money and emotions are involved, it is easy for things to get out of control. Our Calgary, Alberta law firm Can help. Kahane Law Office knows estate litigation. Learn more here about reasons for contesting wills or estates. We also understand that family dynamics need to be addressed with a balance of compassion and hard legal merit. Call 403-225-8810 today to learn more or keep reading.
Difficulties With Estate Litigation
Going to court often stresses people. However, estate litigation involves three aspects that leads to the potential for increased conflict compared to other areas of litigation. Our estate litigation lawyers deal with many challenging aspects of someone death. For example, these include:
Estate Money Or Assets
In estate litigation, lawyers must help people to resolve issues regarding money and other assets. Often these assets are sizable in terms of their net value. Other times they are dealing with assets and the division of debts. Lastly, many of the assets involved in an estate are sentimental. Specific items and even businesses that have been in a family for a long time may also have high financial value.
Emotions When Dealing with Estates
Unlike business litigation, estate litigation deals with emotional issues. When an estate litigation lawyer is working with a client, they must be mindful of the emotions surrounding specific items, family dynamics, family emotions concerning the last wishes of the person who passed away, not equal division of assets, family law issues, and more.
The death of a family member is an emotional time. No matter the relationship of the surviving family members, death is hard for both those with a good relationship and those with long standing disputes with the person who passed. Often emotions lead to poor choices when it comes to litigation matters. We understand the difficulty in these stressful times and attempt to help individuals make smart decisions for both themselves and the estate.
How Estate litigation Law Firms Help
Firstly, estate litigation lawyers explain the law to you. Once a person understands the law, including the Alberta Wills & Succession Act, then they can decide how to proceed. Information allows people to make better choices. However, often there are not black and white answers to legal questions that arise in estate litigation. Our lawyers will help you make a good decision on how to proceed. We will be understanding to your needs and give you legal advice and representation.
Who Our Calgary Lawyers Represent With Estate Issues
We offer our services to and act for the estate itself, beneficiaries and other interested third parties. Generally, we only act for one of these types of clients in a single litigation matter. However, sometimes the ability to represent multiple parties exists as well. How we assist clients varies greatly. For example, we help clients in the following ways:
When acting for an estate, our estate litigation lawyers act in the best interest of the estate. The retainer of our firm usually starts with the executor/ administrator/ personal representative of the estate. When the estate faces a lawsuit by someone, the executor usually decides to defend the estate. He or she wants to ensure the meeting of the wishes of the deceased. Many types of situations arise when it comes to defending an estate. For example, the following commonly form part of estate litigation:
- Claims from people not included in the estate but believe they deserve to be;
- Interpretations of provisions in the will;
- Claims for increase shares in the estate by dependents, dependent adults and other beneficiaries;
- How the assets of the estate are being managed;
- Defending how division of estates assets occurs;
- Ascertaining the validity of a will;
- Pursuing people who have taken assets of the estate without authorization or consent; and lastly
- Negotiating or litigating family law issues surrounding the estate.
Acting For Beneficiaries
Beneficiaries frequently call with concerns regarding the handling of an estate. Beneficiaries have many rights under estate law. When we act for a beneficiary, our estate litigation lawyers usually have to deal with a variety of issues. For example, they deal with:
- Appealing how assets were distributed;
- Helping to secure a specific asset for a specific beneficiary;
- Claiming an increased interest in the estate due to dependency;
- Appealing the management of funds of the estate; and lastly
- Ascertaining the validity of a will.
Acting For Third parties
Third parties include individuals not mentioned specifically in a will. Often a third party believes that he or she should derive some benefit from the estate. When our estate litigation lawyers act for third parties to an estate it usually involves:
- Individuals left out of or cut from the will by the testator;
- Family members when a will was changed just before the death of a testator;
- Dependents require more financial support than offered in the will;
- Ascertaining the validity of a will; and
- Securing a copy of a will to demonstrate who the beneficiaries are.
Estate Litigation Lawyers In Calgary
The estate litigation lawyers at Kahane Law Office help with all of your estate legal needs. If an estate you manage faces a lawsuit, act immediately. CONNECT NOW. We can be reached at 403-225-8810 locally in Calgary, Alberta or toll-free at 1-877-225-8817, or email us directly here.