Will Disputes Attorney

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Will Disputes Attorney

Charlotte Wills Dispute Lawyer

Of all legal disputes that can tear a family apart, those centered around a will can be the most protracted, damaging, and costly. These are often highly emotional matters complicated by the fact that they deal with the distribution of a person’s property – and perhaps even their legacy. From deciding who gets what to ensuring that the will is executed correctly, there are a lot of potential pitfalls in the process that can raise tensions among family and friends that may already be on edge. This is where an experienced will disputes attorney can be invaluable in helping to resolve the matter quickly and efficiently while minimizing the potential for further damage to relationships.

Resolving Charlotte, North Carolina’s Most Contentious Will Disputes

At Pinnacle Law, we understand the importance of protecting your assets and your family’s future. We also know that time is of the essence when it comes to will disputes. The sooner you can resolve the matter, the less chance there is of lasting damage to relationships. That’s why we take a proactive approach to will disputes, working to resolve the matter fast. We also understand that not every will dispute can be resolved without going to court. When that happens, we are ready to aggressively defend your interests in court.

Whether you are contesting a will or need to have one defended, our team of will disputes attorneys has the experience and knowledge to help you resolve the matter quickly and efficiently.

What Are the Most Frequent Reasons Why Will Disputes Arise?

Because wills are often the center of a person’s estate planning, they can be a source of contention among family and friends. The most frequent reasons why will disputes arise include:

  • Allegations that the will is not valid: This can include claims that the will was not properly executed, that it was forged, or that the person who created it did not have the mental capacity to do so. For example, if someone has dementia, they may not be able to understand what they are signing, or if they are under the influence of medication, their judgment may be impaired.
  • Allegations of undue influence: This can happen when someone claims they were pressured into including or excluding certain people from their will. For example, if an elderly person is living with a caregiver who is also their primary beneficiary, there may be allegations that the caregiver unduly influenced the person to leave them the bulk of their estate.
  • Claims that the will was not updated: This can happen when someone dies without updating their will to reflect major life changes, such as a divorce, the birth of a child, or the death of a beneficiary. For example, if someone passes without updating their will to reflect their divorce, their ex-spouse may still be entitled to a larger share of the estate than they would otherwise be.
  • Disputes over who should inherit: This can happen when there is no will or when the will does not clearly state who should inherit what. For example, if someone dies without a will, their assets will be subject to intestate succession laws, which may not be what the person wanted. Alternatively, if the will is unclear about who should inherit what, it may be up to the courts to interpret the intent of the person who created the will.
  • Claims that the executor is not doing their job: The executor is responsible for carrying out the terms of the will. If they are not doing so, or if they are accused of mismanaging the estate, it can lead to a will dispute.
What Are the Potential Outcomes of a Will Dispute?

The potential outcomes of a will dispute will depend on the specific facts and circumstances of the case. Sometimes the matter can be resolved without going to court. For example, if the parties can reach an agreement on how to divide the estate, they can submit a settlement agreement to the court for approval. Alternatively, if the parties can reach an agreement on who should serve as an executor, they can submit a nomination agreement to the court.

In other cases, the matter will need to be decided by a judge. If the judge finds that the will is not valid, they can order the estate to be distributed according to the laws of intestate succession. If the judge determines that the will is valid, they will order the executor to carry out the terms of the will. In some cases, the judge may appoint a different executor if they find that the original executor is not up to the task.

Tips to Minimize the Risk of Will Disputes

There are a few things you can do to minimize the risk of will disputes:

  • Communicate with your family and friends: It is important to be on the same page with the family and friends you anticipate will be involved in your estate. Having a conversation about your plans ahead of time can help to avoid misunderstandings and hurt feelings later on.
  • Make your wishes clear in your will: You should be as specific as possible in your will to avoid any confusion about your intentions. You don’t want to leave any room for interpretation.
  • Choose your executor carefully: The executor of your estate is the person who will be responsible for carrying out your wishes. You should choose someone you trust to be honest, efficient, and reliable.
  • Keep your will up to date: You should update your will whenever there are major changes in your life, such as a divorce, the birth of a child, or the death of a beneficiary.

If you have any concerns about the risk of will disputes, you should speak to an experienced estate planning attorney. An attorney can help you to create a will that minimizes the risk of disputes and can help to resolve any disputes that do arise.

Let’s Resolve Will Disputes Today

If you are involved in a will dispute, the first step is to contact an experienced estate planning attorney. The attorneys at Pinnacle Law have years of experience juggling the complex issues that can arise in will disputes. We are here to help you resolve a dispute as quickly and efficiently as possible to ensure that your family can move forward. Contact us today to schedule a consultation.

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