After a loved one passes away, heirs may be surprised by the way the estate is distributed. Unfortunately, this may lead to hurt feelings and serious disputes among family members or others who were hoping for a different outcome. Sometimes, it can become necessary to file a lawsuit to protect your inheritance.
If you suspect that you are dealing with an unfair or inappropriate estate situation, our Fort Washington estate litigation lawyer can help. At Friedman Schuman Layser, our compassionate estate planning attorneys handle cases like these across the Commonwealth of Pennsylvania. Contact us today to learn more.
Several typical scenarios can lead to estate litigation. First, when a person dies without a will, or if a will is declared invalid for some reason, the estate will instead be distributed according to state law. This may lead to surprising and unexpected results that go against what the deceased would have wanted and prompt litigation about the estate.
Second, even in cases where a will exists, a beneficiary may want to file an estate litigation case if they feel that the distribution is unfair or otherwise fails to meet their expectations. These cases happen frequently when one heir receives a larger amount of the estate or the heirs fight over specific property, such as real estate or sentimental assets. A person who was completely cut out of the will is also likely to seek to file a challenge, or when an administrator makes expenditures or distributions that the beneficiary believes are not appropriate.
State law also allows heirs to contest a will if they believe the deceased was coerced into making certain distributions or if they allege that the deceased lacked the mental capacity to make informed decisions when drafting their estate plan. These issues often arise in the context of elder abuse and can lead to lengthy court battles.
In all of these situations, talking to our estate litigation attorneys in Fort Washington can help give you clarity about how to approach your case. We can help you gather evidence, locate witnesses, create arguments, and hire expert witnesses if necessary.
Beneficiaries in Pennsylvania need to be aware of some specific state laws that may affect their inheritance. For example, Pennsylvania is one of only six states that has an inheritance tax. This is levied on the distributions going to the beneficiaries themselves, not on the estate itself.
Another state-specific issue that relates to estate litigation concerns laws that protect widows and widowers who were disinherited or heavily underrepresented by their spouse’s will. If the will is challenged under what is known as the elective share policy, then the spouse can potentially claim ownership of up to half of the decedent’s estate. Our Fort Washington attorneys can explain how these estate laws may affect your litigation case.
Few issues can cause more emotional and mental turmoil than inheritance issues. Complications such as creditor claims, questions about will validity, and nonprobate asset disputes can further complicate the situation.
At Friedman Schuman Layser, we are here to fight for you. Our Fort Washington estate litigation lawyer can support you during every step of your estate dispute. Contact us today to schedule your initial consultation.
