It can be difficult to observe our parent’s age, in particular when they struggle for many years with bad health or mental deterioration. Children finish up in the role of caregivers — sometimes gradually, sometimes suddenly — and concerns about the daily health and financial well-being of the family members become paramount.
Caring for parents and worrying about their finances can be challenging, but the sooner a family group can talk to a maturing parent or relative about their plans for care (and also the sort of long-term care they can afford, as needed), the greater. Knowing their wishes can help you advocate for the kids; ensuring they work underneath the guidance of estate planning attorneys will eliminate uncertainty when the time comes to divide assets.
When Your Family May Need The Services Of Estate Planning Attorneys
If your spouse wrote a will there is however uncertainty about whether it is valid, speaking with an elder law expert may help clarify the subsequent steps. While laws consist of one state to another, you can find generally four logic behind why a document of their final wishes could be considered invalid. Firstly, when not signed relative to state laws it could be considered invalid. For example, some states require the testator to have two witnesses in the room during the time the deed is signed.
Another reason you might desire to consult estate planning attorneys is that if a family member might not have been of sound mind at that time the desire was signed. Thirdly, if you find provoke believe someone close was unduly influenced or pressured to publish, change, or made to sign a will against their wishes, it may be contested. And finally, if you can find suspicions the document could be fraudulent — that is, when someone was tricked into signing and it can be proven –certainly contact estate attorneys at the earliest opportunity.
How Estate Attorneys Can Help
When someone believes a will is incorrect or invalid, they could hire estate attorneys to analyze the documents and decide on the next steps. An attorney can help decide if there are grounds to dispute the validity in the document, and may advise on the legal process and charges involved. In many cases, the cost of contesting could be prohibitive, you aren’t well worth the commitment. If you have a solid case, estate attorneys will help you file the dispute and represent you by presenting your case in the courtroom.
It is important to know in advance the burden of proof will rest upon you. Before you talk to a lawyer, remember to be clear about your reasons for contesting the document and gather your evidence (which can include financial statements, previous wills, letters, or witnesses).
Get To Know The Law And Plan Ahead To Minimize Family Disagreements
You can reduce the stress of what will already be a frightening time for your family when someone you care about dies by thinking ahead. Help your elderly family members with the end of life planning when they’re of sound mind; while it might seem a delicate topic, it may be a huge relief to have an elderly person to get everything planned so that they don’t need to worry. Meeting with estate planning attorneys once your elderly relative is well a very good idea, and may make the procedure for selection concerning the estate more simple. Avoiding disputes later on by simple planning makes common sense, and will also enable you to avoid costly lawsuits later — and perhaps, devastating disagreements that can leave families hurt, angry, disappointed, and struggling to mend their relationships from a loss.
