Estate Litigation

Estate Litigation and Guardianship are very similar in that the major cause of them that I have seen is the failure to have a properly drafted and thought out estate plan in place. Estate Litigation can include issues like:

  1. Heirs battling over who should settle the estate.
  2. Heirs battling over the intent of the decedent when the Will provisions are ambiguous.
  3. The Personal Representative taking too long to settle the estate and distribute out funds.
  4. Blended family issues where the children of the decedent and the widowed second spouse do not see eye to eye on what the decedent intended.
  5. Litigation between the estate and other members of a closely held business.
  6. The distribution of personal property.
  7. Battles between heirs regarding whether lifetime transfers were gifts or advancements.
  8. Disputes about the proper disposition of real estate which is often the family home.
  9. Disputes on how to properly fund trusts that are part of the estate and what assets should go into which Trust.
  10. Court actions to equitably revise trusts because the law has changed since they were originally drafted and repairs have to be made to accomplish the decedent’s intent.

This is just a short sample of the issues that can come up in Estate Litigation. It can be expensive and contentious potentially damaging family relationships for years. As a financial consultant once told me when I asked him what type of client is best for me to refer to him, he responded “a responsible one”. Be a responsible person and take the time with an elder law attorney to get a good estate plan. It will have a chilling effect on litigation, protect your loved ones, avoid estate depletion and make sure your estate is distributed the way that you want it to be and not by the decisions of others.

Google Maps View Map + Directions
7016 35th Ave NE, Seattle WA 98115-5917
(206) 583-2740 Phone