Estate Litigation Lawyers Maryland

Estate Litigation Lawyers Maryland

The loss of a loved one can be a devastating experience and is difficult to overcome. The loss is compounded when family members disagree about what should happen to a loved one’s property, or when they learn that he or she was financially exploited by a caregiver. We, at Brown Kiely LLP, have experience handling many types of intricate estate disputes, including cases involving Will interpretations and inheritance rights, and we can help you deal with the challenging and sensitive issues that arise. For a consultation with the estate litigation lawyers Maryland residents turn to for legal advice, call Brown Kiely LLP. 

Understanding Estate Litigation

If you have lost a loved one, you might have recently filed the Will with the probate court, or may be in a position in which you are unsure about what you should do. On the other hand, a dispute might have arisen and you are thinking about calling one of the leading estate litigation lawyers in Maryland. This may be a good idea, especially if an argument is underway and you’re concerned about the assets held in the estate. 

Our Maryland estate litigation lawyers have decades of experience in estate-related matters that are not limited to planning estates, but also include contesting and litigating them. If you are looking for a qualified, knowledgeable estate litigation lawyer, look no further than Brown Kiely LLP.

As leading estate litigation lawyers Maryland has to offer, we know that litigation can arise from a very broad range of issues. Most will involve at least one of the following:

• There are multiple Wills
• A trust is missing
• Assets are missing
• A long lost family member comes forward
• There are allegations of fraud
• Undue influence
• + More

Our estate planning lawyers in Maryland know that family dynamics can be complicated, and a dispute can cause a negative ripple-like effect in the family unit. We have known of many families to break apart in the aftermath of a dispute regarding an estate. It is our goal to navigate difficult situations like this with the intention of getting the right results. Rest assured, we strive to be mindful of the emotions of all those involved, but while keeping our clients’ interests at the forefront. 

We hope to resolve the dispute before it goes to court and long before relationships are lost. Our Maryland estate litigation lawyers are very good at finding practical solutions through mediation, negotiation, and private family meetings. In some cases, these proactive attempts for a resolution are not successful. In this case, a judge may need to hear the case and make a ruling based upon what is demonstrated in court. If this should happen, we will be there to represent you and your case. 

When a Dispute Occurs

If you are a named heir, a Trustee, an executor, or someone who feels as if they were disinherited from an estate, you can file a petition of dispute with the Maryland Probate Court. In general, you will need an estate litigation lawyer to help you. As you think about your options, it is recommended that you avoid doing the following:

• Do anything out of vengeance, or could be seen as a vengeful act
• Hide any assets
• Engage in violent activity
• Destroy documents or other things
• Forge documents
• Make decisions on your own, and without an estate litigation lawyers’ advice

Estate litigation is a complex area of the law, and will likely take a great amount of time before a resolution is met. For this reason, it is important that you have a legitimate reason to proceed with the process. Estate litigation lawyers in Maryland can listen to what is going on, answer your questions, and help you to understand whether or not you have a case. Call Brown Kiely LLP, now. 

Addressing Common Questions About Estate Litigation

Maryland estate litigation often arises when disagreements emerge over a deceased individual’s estate plan or lack thereof. Families and beneficiaries may face unexpected challenges, especially when emotions run high. Addressing these disputes requires clarity, patience, and a solid understanding of the legal process. If you’re dealing with such issues, working with an estate lawyer who understands the nuances of these cases can help. 

What Are The Common Grounds For Challenging A Will?

Challenges to a will typically arise when there are concerns about its validity. Common reasons include suspicions that the deceased was under undue influence, lacked the mental capacity to make the will, or if the will was not executed according to legal requirements. Fraud or forgery is also a potential ground for contesting a will. In these cases, the individual challenging the will must provide evidence supporting their claims, which can involve testimony, documents, or expert opinions.

What Happens If There Is No Will?

When someone passes away without a will, their estate is distributed based on the state’s intestacy laws. These laws prioritize close relatives, such as spouses, children, and parents. The absence of a will often leads to disputes among family members over property or other assets, as there’s no guidance from the deceased about their wishes. In such cases, an estate distribution lawyer shares that probate court appoints an administrator to manage the estate. While the law aims to distribute assets fairly, the lack of clear instructions can make disputes more likely.

Can A Will Be Contested After Probate Has Been Granted?

A will and trust lawyer wants you to know that, yes, a will can be contested after probate is granted, although it can be more challenging to succeed once the process has started. The person contesting the will must demonstrate that there’s a valid reason, such as discovering new evidence or identifying fraud. Timing is critical, as there are statutes of limitations that dictate how long you have to bring a challenge. When it comes to Maryland estate litigation, our Bethesda law firm shares that understanding these timeframes is essential for anyone considering a dispute related to an estate.

What Is The Role Of The Executor During Estate Litigation?

An executor is responsible for managing the estate’s administration, including ensuring debts are paid, assets are distributed, and legal requirements are met. During estate litigation, the executor may also be involved in defending the estate’s interests if the will or its provisions are challenged. The executor must act impartially and in the best interests of the beneficiaries. If they fail to do so, they may be subject to legal action.

How Are Disputes Over Asset Distribution Resolved?

Resolving disputes over asset distribution often begins with negotiation among the involved parties. Mediation can provide a less adversarial way to reach an agreement. If negotiation or mediation fails, the matter may proceed to court, where a judge will make decisions based on the evidence and applicable laws. The goal is to arrive at a fair resolution that reflects the deceased’s intentions, as stated in the will or guided by state law.

Seeking Resolution For Estate Disputes

Resolving estate disputes with professional guidance can help families to maintain their relationships while also addressing legal concerns. Whether you’re dealing with a will contest or questions about asset distribution, understanding your options is vital. For matters involving Maryland estate litigation, reaching out to experienced attorneys can make a significant difference. Attorneys like those at Brown Kiely LLP, who have been practicing law since 1998, can guide you through these situations with care and experience. Contact our estate planning lawyer today to schedule a complimentary consultation and discuss your specific needs.