No one wants to face a probate or estate-related legal dispute. However, with the help of an experienced estate litigation lawyer, Charlottesville residents can navigate the legal process with greater peace of mind.
At Stapleton Elder Law, we help residents protect their assets, interests, and family members. Our lawyers understand that clients are often dealing with emotionally charged situations and proceed with compassion, respect, and sensitivity. We realize that estate litigation often involves more than just legal strategies—understanding and addressing emotions is also a priority.
What Does an Estate Litigation Lawyer Do?
Estate litigation lawyers help families and individuals resolve a wide range of disputes. Common types of lawsuits include those involving wills, trusts, estates, conservatorship, guardianship, and powers of attorney.
When clients reach out for assistance, our estate litigation lawyers first evaluate their legal options. We speak with clients about their family dynamics, any professional advice they’ve received, and their specific goals. To build the strongest case possible, we review client records and any relevant facts, documents, or evidence.
Our lawyers provide aggressive and nuanced representation that is tailored to meet our client’s needs. We are adept at diligently investigating the facts of the case, pursuing the optimal resolution, and winning favorable outcomes.
Common Estate Litigation Disputes
Probate and estate-related disputes often result when beneficiaries, trustees, or executors have differing opinions on how the property should be distributed.
For example, unfair or inadequate provision: Instances where an individual’s wishes have not been followed, or favoritism has been shown to one family member over another, can be grounds for contesting a will based on the claim that the individual was unduly influenced.
Breach of fiduciary duty: Unethical or illegal actions by a trustee can leave beneficiaries seeking compensation for their losses.
Undue influence: It’s important to be aware of situations in which family members, for example, pressure an individual to make decisions that are not in their best interests.
Beneficiary disputes: These commonly occur when there is a disagreement between beneficiaries over the allocation of assets.
Fraud: Sometimes, individuals find themselves the victims of fraud as an estate is being processed.
Dealing with Financial Disputes
Estate and financial disputes often have financial components. As a key part of preparing a case, our lawyers work with clients to understand the full picture of finances, tax implications, and other considerations.
We also employ independent financial and estate planning professionals to compile evidence and provide expert witness testimony, if necessary. In some cases, it may be necessary to employ forensic accountants to assess and trace assets. The aim at all stages is to achieve a satisfactory resolution to the dispute.
The Stapleton Elder Law Difference
At Stapleton Elder Law, we have a deep understanding of the probate process and what’s involved in estate litigation. We strive to bring stability to chaotic family dynamics and situations. Everyone on our team is dedicated to protecting our client’s rights and interests and helping them move forward in their lives.
Feel free to reach out, ask questions, and learn more about how our estate litigation lawyers in Charlottesville can assist with navigating the legal process to obtain the best possible solution.