Estate Litigation Attorney in Dunkirk, Maryland
Estate planning is designed to bring peace of mind, but sometimes, conflicts arise. Estate litigation involves legal disputes related to the distribution of a deceased person’s assets, whether a will, trust, or other legal document outlining the estate plan. Often, conflicts arise over issues like the validity of a will, the intentions of the deceased, or the rights of beneficiaries.
Litigation can be time-consuming and emotionally taxing, which is why working with an estate planning attorney is essential.
The Law Offices Of Julie A Schejbal, CHTD brings years of experience handling a range of estate litigation cases in Dunkirk, Maryland and the surrounding areas of Calvert County, Prince George’s County, Charles County, and St. Mary’s County. Call now to set up a free initial consultation.
Common Types of Estate Litigation Cases
There’s a variety of estate litigation cases you could run into, including:
Will Contests
A will contest occurs when someone challenges the validity of a will, typically arguing that it doesn’t accurately reflect the deceased’s intentions.
Grounds for contesting a will:
Lack of testamentary capacity: This is a common reason for challenging a will, based on the claim that the testator wasn’t of sound mind when creating or altering the will.
Undue influence: If someone exerted excessive pressure on the testator, resulting in a will that doesn’t genuinely reflect the testator's wishes, this could be grounds for a will contest.
Fraud or forgery: If a will was created or amended through fraudulent means or forgery, it may be rendered invalid.
Improper execution: Maryland law has specific requirements for how a will must be executed. If these weren’t followed, the will may be contested.
How we can help:
We conduct thorough investigations to uncover any evidence supporting our client’s case. We gather medical records, interview witnesses, and work closely with forensic experts to challenge or defend the validity of a will effectively.
Trust Litigation
Trust litigation is the legal process of resolving disputes over the management, distribution, or terms of a trust, often involving issues like fiduciary breaches or beneficiary disagreements.
Trust disputes: Trusts can sometimes become sources of contention, especially if beneficiaries feel they aren’t being treated fairly or if there are concerns regarding the trustee’s actions.
Breach of fiduciary duty: Trustees have a duty to manage the trust in the best interests of the beneficiaries. If a trustee fails in this duty by misusing funds, mismanaging assets, or acting in a way that harms the beneficiaries, litigation may be necessary.
Beneficiary Disputes
Beneficiaries may dispute the division of assets, claiming that the will or trust doesn’t accurately reflect the deceased’s wishes. Whether the issue is a misunderstanding of the document, a clerical error, or allegations of tampering, estate planning attorneys are here to clarify the situation and advocate for our clients’ rightful inheritance.
Guardianship Disputes
In Maryland, guardianships are sometimes created for adults who are no longer able to manage their own affairs. Unfortunately, conflicts can arise over who should be the guardian or how the guardian should manage the ward’s estate.
Accounting and Estate Administration Disputes
During the estate administration process, disputes can arise regarding how assets are managed and distributed. Whether a personal representative is accused of mismanaging the estate or questions arise about the handling of particular assets, our attorneys provide comprehensive representation for proper and fair administration.
Collaborative and Resourceful Approach
Estate litigation often requires collaboration with experts in finance, medicine, and valuation. Estate planning attorneys will have an extensive network of professionals who work with them to build strong cases for their clients.
The Estate Litigation Process in Maryland
Estate litigation generally follows a specific process, which can vary depending on the nature of the dispute. Here’s an overview of the typical steps involved:
Step 1: Initial Consultation and Case Evaluation
During the first meeting, estate planning attorneys will review the details of your case and discuss your concerns. This consultation helps them understand your objectives and gives them insight into the potential challenges and opportunities involved.
Step 2: Investigation and Evidence Gathering
Once they take on your case, attorneys will conduct a thorough investigation to gather relevant documents, interview witnesses, and analyze financial records. This stage may also involve working with forensic experts and other professionals.
Step 3: Filing or Responding to a Lawsuit
If there’s sufficient evidence to proceed, your attorney will either file a lawsuit on your behalf or respond to a claim made against you. This initiates the litigation process, which can take place in Maryland probate court or another appropriate forum.
Step 4: Discovery Process
Both sides have the opportunity to request and exchange evidence during the discovery phase. This is where critical information is gathered, which often influences the outcome of the case.
Step 5: Negotiation and Settlement Discussions
Estate litigation cases often settle before reaching trial. Attorneys will work with the opposing side to negotiate a fair settlement, which may help you avoid the time and expense of a trial.
Step 6: Trial (If Necessary)
If an agreement can’t be reached, your case will proceed to trial. Our attorneys will represent you in court, presenting a strong case for a favored outcome.
Frequently Asked Questions About Estate Litigation in Maryland
Estate litigation can be a confusing process, so it’s natural to have a few questions about what you might run into. Here are some common questions our clients ask us:
How Long Does Estate Litigation Typically Take in Maryland?
The length of an estate litigation case can vary significantly based on the details of the dispute and the willingness of both parties to settle. While some cases may resolve within months, others can take years if they go to trial.
Can I Contest a Will Even if I’m Not Named as a Beneficiary?
Yes, if you have standing, which typically means you’d stand to inherit under the laws of intestacy if there were no will, or if you have evidence that the will doesn’t reflect the true intentions of the testator.
What Is the Cost of Estate Litigation?
Costs can vary based on factors like the details of the case, the need for expert witnesses, and the length of litigation. We offer transparent fee structures and discuss cost expectations during the initial consultation.
Are There Alternatives to Litigation?
Yes. Mediation and arbitration are alternative dispute resolution methods that may help parties resolve conflicts without a trial. These options can save time and money and may be less adversarial than court proceedings.
Why Turn to an Attorney for Estate Litigation?
Estate litigation can be challenging and involves unique emotional dynamics, which is why it’s important to work with a firm that understands Maryland’s estate and probate laws in depth. Here are some reasons why it’s a wise choice to turn to an estate planning attorney for your estate litigation needs:
Experienced Professionals With a Focus on Estate Law
Estate planning attorneys have dedicated their careers to estate and trust law. With years of experience handling cases in Maryland’s probate courts, we understand the nuances of state laws and local court procedures.
Comprehensive Client Support
Attorneys know that estate litigation can be emotionally charged and financially burdensome. That’s why they provide compassionate, personalized support to help you make informed decisions every step of the way.