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. 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.
Why Estate Litigation can be Difficult?
Estate litigation involves three aspects that leads to the potential for increased conflict compared to other areas of litigation. Estate litigation lawyers have to deal with:
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.
How Estate litigation Law Firms Help
Estate litigation lawyers will explain the law to you. Once a person understands the law, including the Alberta Wills & Succession Act, then they can decide how to proceed. 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 are able to act for both the estate itself, beneficiaries and other interested third parties in the following ways:
When acting for an estate, our lawyers act in the best interest of the estate. We are usually retained by the executor/ administrator/ personal representative of the estate. This includes:
- Defending claims from people who have not been included in the estate;
- Defending claims for increase shares in the estate by dependents, dependent adults and other beneficiaries;
- Defending interpretations of provisions in the will;
- Defending how the assets of the estate are being managed;
- Defending how an estates assets will be divided;
- Ascertaining the validity of a will;
- Pursuing people who have taken assets of the estate without authorization or consent;
- Negotiating or litigating family law issues surrounding the estate.
Acting for Beneficiaries
When we act for a beneficiary, our estate litigation lawyers usually have to deal with the following issues:
- 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;
- Ascertaining the validity of a will.
Acting for third parties
When our estate litigation lawyers act for third parties to an estate it usually involves:
- Individuals who have been left out of or cut form the will;
- Family members when a will was changed just before the death of a testator;
- Ascertaining the validity of a will;
- Securing a copy of a will to demonstrate who the beneficiaries are.
Estate Litigation Lawyers in Calgary
The Lawyers at Kahane Law Office can help with your estate legal needs. 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.