Family and succession litigation, commonly referred to as family law and estate litigation, is the term used to describe legal conflicts and disagreements that develop within families or concern the division of assets and inheritance when a person passes away. These legal disputes can include very sensitive and personalized topics. Here are the key components of family and succession litigation:
Family Litigation typically encompasses legal matters related to family relationships, includes:
Divorce and Separation: Disputes over the dissolution of marriages, including issues related to child custody, child support, spousal support, and property division.
Child Custody and Visitation: Conflicts concerning the custody and visitation rights of children when parents or guardians separate or divorce.
Child and Spousal Support: Legal actions to determine and enforce child support and alimony payments, including modifications due to changing circumstances.
Domestic Violence and Restraining Orders: Legal proceedings to protect victims of domestic violence through restraining orders and other legal remedies.
Adoption and Guardianship: Issues related to the adoption of children, as well as the appointment of guardians for minors or incapacitated adults.
On the other hand Succession Litigation pertains to disputes and legal actions related to the distribution of a deceased person’s estate and assets, including:
Will contests: Disputes over the legality of a decedent’s will, frequently stemming from allegations of undue influence, incapacity, or poor execution.
Intestate Succession: Disputes based on the jurisdiction’s intestacy laws that arise when a person passes away without a valid will (intestate).
Executor or Administrator Disputes: Conflicts affecting the management and administration of an estate, such as mismanagement, breaches of fiduciary duty, or conflicts of interest.
Beneficiary Claims: Legal actions taken by or in opposition to beneficiaries of an estate in relation to their entitlement to specific assets or in opposition to distributions.
When people divorce, its always a tragedy. At the same time, if people stay together it can be even worse.
Will contests can be based on claims of undue influence, incompetence, fraud, or defective execution. Contesting a will involves legal proceedings to challenge its validity.
If a decedent did not have a valid will, their assets would be dispersed in accordance with intestate succession laws. Distribution often follows a legal hierarchy of importance based on familial ties.
Child support is financial assistance provided by one parent to the custodial parent for the care of their child. Calculations typically consider income, custody arrangements, and the child's needs.
Child custody decisions prioritize the best interests of the child and consider factors such as the child's age, parental fitness, stability, and the child's own preferences if they are old enough to voice them.