There are many issues that may arise in the field of wills and trusts that must be resolved by litigation. The dispute may involve a competition, where the validity a will is being challenged. There can be no disagreement about the execution of the will, the capacity of the deceased to make a will, distribution to beneficiaries, heirs disinherited, or other provisions of the will.

Litigation may also result from trust disputes such as whether the confidence runs correctly, interpretation of the terms of the trust, the ability of the person signing the trust, if any undue influence or fraud, the rights of beneficiaries or heirs not named, or issues relating to the administration of the trustee of the trust. The beneficiaries and trustees can be found both in search of help from the probate court to resolve the problems of trust.

Other areas that may have developmental issues that must be resolved by are the guardianship disputes, abuse (physical or financial) and special needs trusts.

Probate and trust litigation can often be handled by settlement, mediation, or the identification of additional short trial. If there is a trial, usually a trial by a judge of probate court to determination. It is important to recognize that if the courts are involved in one or more problems in these areas, you need an estate planning attorney familiar with the litigation process. Not all lawyers are comfortable in a courtroom or trial experience to deal with disputes.

To prevent your own will or confidence to be contested after your death, you must have your estate planning documents drafted by an estate planning attorney familiar with problems that may lead to litigation if documents are not properly drafted. Many of the cases in which litigation could have been avoided by the documents that were carefully and properly prepared to avoid challenge.

For more information on wills, trusts and estate planning, href = "http://www.carolronquillo.com/blog" target = "_blank" rel = "nofollow"> visit http://www.carolronquillo.com/blog

Carol Ronquillo has been in attorney in the San Diego, CA area for over 34 years and has devoted herself exclusively to estate planning for almost a decade now. For more information on Carol Ronquillo and her practice, visit http://www.CarolRonquillo.com.

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