What Does an Estate Litigation Attorney Do in West Virginia? 2024

As you navigate the aftermath of a loved one’s passing and work to manage their estate, you may wonder, what does an estate litigation attorney do in West Virginia? Should you hire one? Wooton, Davis, Hussell & Johnson, PLLC, share the role that an estate litigation attorney can play in helping you as you work on lawfully and correctly settling your loved one’s estate needs.

The Role of an Estate Litigation Attorney Explained

An estate litigation attorney represents clients who are navigating legal disputes related to the estates of deceased individuals. These attorneys are knowledgeable in probate law and handle conflicts over issues like the distribution of assets, the validity of wills and trusts, and the actions of executors or trustees. Below are key competencies of the role of estate litigation attorneys:

• Advising on legal rights and options. Estate litigation attorneys can give their clients trusted legal advice on their rights and the potential options available to them under state probate laws. They can help their clients understand if they have a valid claim and can create a plan to address the issues.
• Filing or defending estate challenges. Attorneys can handle a wide variety of cases, such as challenging a will, disputing the executor’s actions, and asserting their rights on an inheritance. They can represent their clients who are also defending themselves against such challenges.
• Representing clients in probate court. Estate litigation attorneys work to manage the many aspects of a case, such as court proceedings, preparing petitions, submitting evidence, and representing clients through all hearings and trials. They can use legal arguments to strengthen their clients’ cases in court.
• Handling fiduciary duty disputes. If there are accusations toward executors or trustees for breaching their fiduciary duty, estate litigation attorneys can represent beneficiaries or heirs in holding them accountable. They may also seek to remove the executor or trustee or demand compensation for any losses that were incurred due to mismanagement.
• Negotiating settlements. Estate litigation attorneys often negotiate settlements between parties to avoid lengthy and costly court battles. This can look like mediation support over disputed asset division, trust interpretation, or executor fees. Settlements are common in estate litigations as it is a means to help families resolve disputes while preserving relationships and reducing expenses.
• Protecting assets. Lawyers work to protect their clients’ rights to the estate’s assets and ensure that they are fairly distributed according to the will or intestate laws.
• Interpreting wills and trusts. Lawyers can work to interpret complex will or trust provisions and can help to navigate disputes that may arise over ambiguous language or unclear instructions. They can help to clarify the intent of the deceased and advocate for their client’s interests, ensuring that the distributions align with the terms of the will or trust.
• Assisting in guardianship or conservatorship disputes. Lawyers can represent clients in disputes that emerge over guardianship (for minors) or conservatorship (for incapacitated adults), helping to appoint the appropriate guardian or conservator when family members disagree.

The role of an estate litigation attorney is to assist in resolving conflicts surrounding the management and distribution of a deceased person’s assets, ensure that their clients’ rights are protected, and that all estate matters are handled legally and fairly.

FAQs

Q: What Is the Meaning of Estate Litigation?

A: Estate litigation refers to the legal process of resolving disputes related to a deceased person’s estate. This kind of litigation typically comes up if there are disagreements over the distribution of assets, the validity of a will or trust, or the actions of the estate’s executor or trustee. Estate litigation covers a wide range of issues like will contests, trust disputes, beneficiary disputes, intestate succession, guardianship and conservatorship disputes, and claims against the estate.

Q: What Happens if an Estate Goes to Probate in West Virginia?

A: In West Virginia, if an estate goes to probate, it means that it enters a legal process that ensures the deceased person’s debts are paid off and that their assets are distributed according to their will, and if there is no will, according to state intestate laws. Not all assets have to go through probate as assets held in a trust, have designated beneficiaries, or are jointly owned can typically bypass the probate process.

Q: How Long Does an Executor Have to Settle an Estate in West Virginia?

A: In West Virginia, how long an executor has to settle an estate will depend on various factors, including the level of complexity of the estate, if there are disputes to settle, and how quickly creditors and beneficiaries respond. In general, complex estates with substantial assets, property disputes, or contested wills can take a longer amount of time than a small and undisputed estate case.

Q: How Do You Contest a Will in West Virginia?

A: To contest a will in West Virginia, a person with a valid legal interest, like an heir or beneficiary, can file an official challenge in probate court. It is helpful to meet with an estate litigation attorney who is familiar with probate laws, as the process can be complex and time-consuming.

Q: How Expensive Is an Estate Litigation Attorney in West Virginia?

A: In West Virginia, the cost to hire an estate litigation attorney will vary and depends on many factors, like how complex the case is, what the attorney’s experience level is and the billing structure they use, the specific jurisdiction, and how long the case will take. Lawyers can use a variety of fee structures that can impact the overall cost of a case, such as an hourly rate, retainer fee, flat fee, and contingency fee.

Speak With a Trusted Estate Litigation Attorney Today

As you consider working with an estate litigation attorney, consider setting up an initial consultation with Wooton, Davis, Hussell & Johnson, PLLC. Our team offers decades worth of legal experience and as respected litigators, we handle cases with individualized care and professionalism. We work to bring our clients the results they want and deserve. Reach out today to learn how we can support you during this time.