When a loved one has passed, it’s not uncommon for disputes amongst family members to arise over how their loved ones estate should be divided. When these disputes arise to the point of litigation, knowing what type of legal professional to call on for help is essential. Do you need an estate lawyer, attorney for probate, or a trust lawyer?
At Hays Firm, we specialize in providing expert legal guidance in estate litigation to our clients during these emotionally challenging situations.
Today, we’ll break down the roles of estate lawyers, attorneys for probate, and trust lawyers, so you can understand what type of professional to call on when you need help.
The Estate Lawyer: Representing Clients in Estate Litigation
While estate lawyers are often involved in planning how someone’s assets will be handled when they pass away, their expertise becomes invaluable when disputes over these plans arise.
It’s not uncommon for disagreements to arise over the validity of estate planning documents like wills, and even how they are interpreted. This makes an estate law attorney crucial when the situation escalates to litigation.
At Hays Firm, we assist our clients involved in estate litigation answer important questions like:
- Is the will in question valid, or was there undue influence or lack of capacity?
- Was the testator or testatrix (the deceased who has left a will) of sound mind when the will was created?
- Are there disputes over who the rightful heirs or beneficiaries are?
- Has the executor or administrator of the will acted in a way that raises concerns amongst the family members?
- Are there disagreements around the management or distribution of the estate’s assets?
Hays Firm’s estate lawyers have extensive experience representing clients in will contests, disputes over powers of attorney, and other challenges that arise regarding how the deceased’s assets are handled.
Because these situations are delicate, an estate lawyer is key to getting the best possible resolution when emotions are running high.
The Attorney for Probate: Representing Clients in Probate Litigation
The court-supervised process of validating a will and distributing the estate’s assets is called probate. An attorney for probate, also known as a probate and estate attorney, is essential to successfully navigating the process of administering the estate, particularly when disputes arise.
As attorneys for probate, Hays Firm has represented executors, administrators, and beneficiaries through a variety of probate litigation matters including:
- Challenges to the appointment of an executor or administrator of the estate.
- Disagreements over the valuation of the estate’s assets.
- Claims involving debts and creditor issues.
- Disputes over how the assets are distributed to heirs.
- Claims of breach of fiduciary duty by the executor or administrator.
Whether there is a will (testate) or if one has not been prepared (intestate) the probate process is still complex and time consuming. An attorney for probate is the legal professional to turn to when there are any disputes that arise over how the estate’s assets are distributed.
At Hays firm, our estate probate attorneys can help you tackle any challenges during the probate process. We vigorously represent our clients interests as we seek to resolve probate disputes effectively and efficiently, minimizing the pain in an already difficult time.
The Trust Lawyer: Representing Clients in Trust Litigation
So far we’ve discussed the roles of the estate lawyer and attorney for probate’s roles. However there is another type of legal professional whose experience is needed to address complex situations involving trusts – the trust lawyer.
A trust is a type of legal arrangement where one party transfers the right to hold the title of their properties and assets to a neutral third party on behalf of another party who will receive the benefits of the trust at some point in the future.
When disagreements over a trust rise to the litigation stage, a trust and estate lawyer may step in to help the client with expert legal representation.
At Hays Firm, our trust and estate lawyers provide help with trust litigation including:
- Challenges to the validity of a trust document.
- Disagreements over the trust terms.
- Breach of fiduciary duty or misconduct of a trustee.
- Disputes between beneficiaries regarding trust distribution.
Our trust and estate lawyers understand the intricacies of trust law and have represented trustees, beneficiaries, and other interested parties during trust related legal challenges. Hays Firm works diligently to ensure our client’s rights are protected, and that they receive the best outcome in these matters.
How to Determine Which Type of Estate Litigation Specialist You Need
Now that we understand the specific litigation roles of estate lawyers, attorneys for probate, and trust lawyers, which is the best estate litigation specialist for your situation?
If you are involved in a dispute regarding the validity of a will, or over the validity of any estate planning documents, an estate lawyer is the best choice for legal representation.
If you are the executor, administrator, or beneficiary of an estate and are facing disagreements or challenges during the probate process, an attorney for probate is the best professional to help you navigate these complexities.
If you are a trustee or beneficiary involved in a dispute regarding a trust, then a trust and estate lawyer is the best legal professional to seek help from.
At Hays Firm, our attorneys have experience representing clients across all areas of estate, trust, and probate litigation. Because each situation is unique, we encourage you to contact us for an initial consultation to discuss the circumstances of your specific situation, so we can determine how to best serve you.
Conclusion
Understanding the differences in the roles of estate lawyers, attorneys for probate, and trust lawyers is essential when estate related disputes arise to the point of litigation. No matter what your needs are, Hays Firm is here to help make the process easy for you.
Since 2008, Hays Firm has been committed to guiding families in greater Chicago through all forms of trust and probate litigation.
We are a small firm dedicated to our core values of integrity and honesty, excellence, service and respect. Each of these values drives us in our mission to help families ensure their assets are protected and efficiently transferred to their beneficiaries upon their death.
Our experience includes representation in estate-related litigation including will and trust contests. We also specialize in managing the affairs of disabled individuals and guardianship proceedings.
No matter what your needs in probate, estate, and trust litigation, Hays Firm is here to help you make the right decisions for your family’s future. Contact Hays Firm today for an initial consultation, and let us make your family needs our top priority.
**Disclaimer**
This content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
