Navigating Estate Litigation: Resolving Inheritance Disputes
Our attorneys at Reiter Law Firm, PLLC, possess over two decades of experience in estate litigation. We understand the emotional and financial complexities involved in these disputes and provide compassionate yet assertive representation to clients throughout South Dakota. We guide you through the legal process, seeking to resolve disputes fairly and efficiently.
Understanding The Scope Of Estate Litigation
Estate litigation encompasses a broad range of legal disputes that can arise during the administration of a deceased person’s estate. These disputes can involve:
- Will contests: Challenges to the validity of a will, often based on claims of lack of capacity, undue influence, fraud or forgery.
- Beneficiary disputes: Disagreements among beneficiaries regarding the interpretation of a will or trust, the distribution of assets or the personal representative’s or trustee’s actions.
- Probate disputes: Conflicts related to the probate process itself, such as challenges to the appointment of a personal representative or disagreements over the valuation of estate assets.
- Claims against the estate: Creditors or other individuals may file claims against the estate, leading to disputes over the validity or priority of those claims.
- Spousal elective share: In South Dakota, a surviving spouse has the right to claim a share of the deceased spouse’s estate, even if they were excluded from the will. Disputes can arise regarding the calculation or enforcement of this elective share.
While both involve inheritance disputes, estate litigation and trust litigation have distinct focuses. Estate litigation typically deals with disputes arising from wills and the probate process, while trust litigation focuses on disputes related to the administration, interpretation, and distribution of trust assets.
Common Questions About Estate Litigation
To help you better understand the process, we’ve provided answers to some common questions about estate litigation.
What kinds of estate issues can be litigated?
Various estate-related issues can be litigated, including will contests, beneficiary disputes, probate disputes, claims against the estate, creditor claims, and spousal elective share disputes.
My parent cut me out of the inheritance. Is there anything I can do?
While individuals in South Dakota have the right to distribute their assets as they see fit, you may have grounds to challenge a will if you believe it was created under undue influence or fraud or if your parent lacked the capacity to make a valid will.
Who can contest a will in South Dakota?
Generally, individuals who have a direct financial interest in the estate can contest a will. This typically includes beneficiaries named in the will, those who would inherit under state intestacy laws if there were no will, and creditors of the estate.
What are some common defenses to estate litigation claims?
Depending on the nature of the claim, various defenses may be available, such as:
- Lack of standing: The person contesting the will does not have the legal right to do so.
- Valid will execution: The will was properly executed according to South Dakota law.
- Testamentary capacity: The testator was of sound mind when they made the will.
- No undue influence: The testator was not unduly influenced by anyone.
- Statute of limitations: The time limit for filing a claim has expired.
When you have a knowledgeable attorney by your side, they will be able to support you with advocacy that makes sense for your situation.
How can I avoid estate litigation?
While not all estate litigation is avoidable, taking certain steps can reduce the likelihood of disputes, such as:
- Creating a clear and comprehensive estate plan.
- Communicating your wishes to your family and beneficiaries.
- Keeping your estate plan updated as your circumstances change.
- Seeking legal advice from an experienced estate planning attorney.
Seeking Resolution For Estate Disputes?
Estate litigation can be a complex and emotionally draining process. If you are facing an inheritance or estate dispute, we at Reiter Law Firm, PLLC, in Sioux Falls can help. Call us at 605-800-8825 or complete our online form. We will work to protect your rights and achieve a fair resolution.