Not all estate cases are straightforward to settle; in fact, many are really quite complex.
Several different factors can complicate the settling of an estate, and when it becomes clear that doing so isn’t going to be straightforward, the best and quickest way to resolve matters is to work with estate lawyers in Edmonton.
Here are 4 estate scenarios that are complex and may require guidance from a professional:
1. When there is no will
It’s not unusual for someone to die without having made a will, and when they do, their estate must be distributed according to the laws in the Wills and Succession Act regarding intestate succession. In many instances, if there is a surviving spouse, they will have priority rights over the inheritance, but this isn’t always agreed upon by other family members. Should a disagreement arise in an instance like this, an estate lawyer’s help will be crucial in settling the estate fairly and swiftly.
2. When the duties and obligations of the executor are neglected
If the deceased person’s assigned executor simply refuses to carry out the responsibilities associated with their role, the deceased’s heirs may choose to remove them and appoint someone else. As this decision is one that likely goes directly against the deceased’s wishes, help from an estate lawyer is essential.
3. When an heir is responsible for the unpaid debts of the deceased
Managing the unpaid debts of the deceased can be a huge responsibility for an heir, even though they are often paid from available assets. Should the claim amount be more than the assets of the deceased, an experienced estate lawyer will know of certain rules that can be applied to ensure that among the creditors, there is equitable distribution.
Managing someone else’s financial obligations when they die can be stressful and complex, but a lawyer can ensure that everything is managed fairly and, most importantly, legally.
4. When heirs disagree
Disagreements among heirs regarding the deceased person’s will are not unusual and can include such factors as the sharing of expenses, valuation of assets, will validity, or joint ownership, among others. When heirs can’t come to an amicable agreement, lawyer experienced in estate planning will need to be brought in. In some cases, they may apply to a judge for an expert valuation of the assets to be carried out so that the estate can be settled.
For any estate that isn’t straightforward, calling in an estate lawyer as soon as possible can help make the entire process less complex, stressful, and time-consuming. From enforcing the last wishes of the deceased to defending a will that has been contested, experienced lawyers can be immensely useful when settling an estate and are usually well worth their fee.
