One part of estate planning that is difficult to plan for is potential disputes among family members. For those who are not trained in the legal field, it is difficult to understand that verbal promises made during the testator’s life are not necessarily valid in the will or trust unless they are recorded in a document that is signed by the party and a witness. Family members who were expecting a more generous inheritance can get very aggravated and, at times, want to contest the will due to the influence of a new spouse or corrupt siblings. While these situations are unfortunate, it is important to plan for them by hiring an Arlington Heights contested trust lawyer.
How to Choose Your Contested Estate Lawyer
When looking for a contested trust lawyer, neutrality is crucial. You need to hire someone who has no personal or professional connection with the parties in order to argue the most unbiased case for your assets. This is why choosing your trustee for your estate is important, because in many cases, your trustee can serve as an advocate for your interests in the event that anyone contests the will.
When selecting a contested trust lawyer, it is important to hire someone who has solid trust and will drafting skills and has an analytical eye for catching errors in the drafting. This person will be able to ensure that your trust is iron clad. Or, they will be able to read a will or trust that you are contesting to look for common drafting errors that could make a difference in your case.
What to Avoid When Hiring a Contested Estate Lawyer
When looking for a contested trust lawyer, it is really important that you find an attorney that is not combative. Many lawyers tend to try to stir up conflict to obtain more fees. If you see an attorney that has a record of conducting themselves in this way, it is best to avoid them when dealing with contested estate actions, because of the sensitivity of the matters being handled among family members.
Additionally, if you see a contested estate lawyer who has a track record of being unethical in order to further the advances of their clients, it is wise to avoid hiring them as well. In the end, lawyers are subject to follow their profession’s model rules of conduct in providing competent and adequate representation. If the attorney has broken these standards by being unethical, they could be detrimental to a contested estate case that would cause the grieving unnecessary conflict.
It is wise to choose your contested estate lawyer carefully because of the nature of the affairs that pertain to trusts and estates. Your attorney has to be ethical, sensitive to familial grieving, and be an expert in their field in order to be considered worthy of retaining your business.
