The Drafting of Documents
It is axiomatic that the drafting of documents in court proceedings is supposed to be taken care of by the estate litigation attorney on behalf of the client. Since documents to get drafted usually have a specific format, it is suitable for all the documents to be prepared in a proceeding to be done so by the estate litigation attorney. A simple mismatch or mistake getting made while drafting the papers may cost the fate of a proceeding. The estate litigation attorney needs to handle all the necessary paperwork on the client’s behalf. The most a client should do on a drafted document in the paperwork should be signing off the papers and nothing more. Besides, what will be the reason for paying an estate litigation attorneys if the client still has to do all the donkey work of drafting the legal documents? The most a client should do on drafting documents should be availing their papers for identity confirmation.
Representation in a Will Contest
It is the function of an estate litigation attorney to represent the client in a will contest. This is because the estate litigation attorney knows the laws revolving around a will contest and has the adequate skills to manipulate the rules to the client’s advantage. After all, if the client had the proper knowledge to represent themselves in a will contest, would they have sought to find estate litigation attorneys? Other than the client’s representation in a will contest, the estate litigation attorney is mandated to let the client know of the best options revolving around his situation in a will contest and assisting them in choosing the options which shall best suit their case.
Removal of Executors and Administrators
An estate litigation attorney can help a client remove a fiduciary such as an executor and even administrators when it gets believed they have taken action counter to the client’s best interest breaching their fiduciary duties. For an Estate litigation attorney to successfully convince a judge to remove an executor or an administrator, they must provide the judge with adequate and convincing evidence. The evidence should be gathered by the estate litigation attorney in the form of documents and testimonials, through interrogations, witness interviewing, or even using expert witnesses such as accountants and skillfully presenting the evidence to the judge following the rule of evidence.
Heirship Determinations
When a family has lost a loved one, there are multiple possible lawful heirs without a will left behind by the decedent. Where there has been a significant amount of assets to be divided, things can get stressful. This is where the estate litigation attorneys come in to follow the specified rules of the land in determining the lawful heir to the assets left behind by the loved ones. In the situation where the heirship gets determined with respect to the law, the court shall follow legal procedure over the known preference of the decedent, if any gets established.
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