When Estate Litigation is Most Likely to Occur

Estate planning attorneys don’t always just help people who want to create an estate plan. Sometimes they help people with grievances begin the litigation process, or help others defend against litigation filed against them. Estate litigation can arise for any number of reasons, but some causes are more common than others. Let’s take a look at some of the more common reasons why people begin the litigation process in estate planning. Litigation and Loss of Capacity One of the more important underlying assumptions in the creation of any estate planning device is the assumption that the person creating that device has the mental capacity to do so. In other words, you have to be mentally sound to create an estate plan. The specter of not being mentally sound is something that is often enough to give rise to litigation. For example, if an elderly person chooses to modify his or her last will and testament, the beneficiaries of the will, or those who were left out, may try to challen


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s