Need to Contest a Will – Call a Litigation Attorney

Issues with an estate or a will almost always come at a stressful time – a loved one has passed away. These issues only create more stress. One of the most contentious issues with wills is when someone contests it because they genuinely feel they have a right to inherit some of the assets in the will.

Have You Been Left Out of a Will – Call a Litigation Attorney

If you feel you have been left out of a will or have some claim on the will, you will definitely need legal help. Probate issues are complicated and require the help of an expert in that particular field of the law. Disputes involving a will can become long, protracted, and very messy legal battles, often involving multiple attorneys, many court appearances, and long periods of time.

Some estate issues are the result of oversight, but many arise because of fraud. Some elderly people sign a will believing it to be a different document, while others are victims of forged signature. If you are the relative of a victim of fraud, you can get help from a litigation attorney. A probate litigation attorney can navigate the complexities of a court case and act in your best interests.

4 Reasons to Contest a Will

It is very difficult to challenge a will – nearly 99% of all wills pass through probate without issue. The will is seen as the last word of the deceased (testator). Since that person is no longer around to clarify his or hers wishes, the will is the final declaration. Here are a few of the reasons for someone to contest a will.

Fraud, Forgery and Undue Influence

As previously mentioned, fraud occurs when someone tricks an individual into signing a different document, or when a signature is forged. Undue influence happens when someone close to the elderly person uses extreme pressure or duress to force an individual to create and prepare a will that doesn’t reflect their wishes, either by changing amounts, including someone they wouldn’t normally include, or excluding someone they wish to be in the will.

Not of Sound Mind

Adults are assumed to have “testamentary capacity.” This means that the decedent fully understands the value of their estate to properly dispose of its assets, and to decide which people should logically inherit the assets. Challenges to testamentary capacity can arise if someone suffers from dementia, senility, insanity, Alzheimer’s, or other diseases or disorders that impact sound judgment.

Improperly Executed Documents

If the documents weren’t written or signed according to the laws of the governing state, then those documents can be challenged. It is usually easy to contest a will that is improperly executed because the evidence is very clear.

Another Will

If there is a newer will, this will usually trump the older one. If a valid will is found that is dated more recently than the will being executed, then the court will usually follow the wishes stated in the newer will. Each state has different laws about what constitutes a voided and updated will.

No matter what your reasons are for contesting a will, you will need legal help. If you believe you have valid grounds to contest a will, talk to a probate litigation attorney, who will act on your behalf to ensure your legal rights are fully protected.

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Why Your Company Needs a Litigation Attorney

Owning a business is a great way to make a living – you get to control the direction of the company and make your own hours. However, owning a business can also be a pain. The work never stops, and you have to handle all aspects of the business, from administrative to customer service to doing the manual labor. Though you need to be a jack-of-all-trades as a business owner, there is one aspect of your business you should leave to the professionals – litigation and legal issues.

There are two specific types of lawyers you may need when running a business – transactional attorneys and litigators.

Transactional Lawyers Do What?

  • They do not go to court – they work behind the scenes doing all aspects of legal work that doesn’t require court appearances.
  • They write contracts, do real estate closings, and prepare documents needed by the company.
  • They may consult with litigation attorneys if needed.
  • They advise business owners and managers how to follow the law.

Litigation Attorneys Do What?

  • They represent people or companies who are suing or being sued.
  • They help settle cases
  • If cases can’t be settled through negotiation, mediation, or arbitration, they can go to court.
  • They may charge hourly, but they may also charge a percentage of the award if the win (and not charge if they lose).

Issues That May Require Litigation

There are many reasons people sue and go to court. A company is vulnerable to all types of litigation. Having an experienced and knowledgeable attorney who is able to litigate a lawsuit is crucial for the long-term success of most businesses. Here are the most common issues handled by litigation attorneys:

  1. Contract issues.  Though all business contracts are legally binding on all parties involved, disputes often arise. Both the wording and intent are open to interpretation, and because of this ambiguity, disputes can turn into lawsuits. Contract disputes can occur between two companies, a company and an employee, and a company and a customer or supplier.
  1. Class action lawsuits. If a product or service supplied by your company has affected a group of people, then you may be subject to a class action suit. Product liability, stock fraud, and other similar types of cases often become class action suits. Losing a class action lawsuit can ruin your company’s financial health and its reputation.
  1. Consumer complaints.  Any time you sell a product or a service, it is subject to the opinions of the consumer.  Any consumer complaint may create a legal action against your company. We all hear about frivolous lawsuits in the news, but even the most outrageous lawsuits can end up costing your company if you don’t have the proper defense.

Having an experienced litigation attorney in your corner is crucial to the long-term success of your business. Preventing and solving legal issues is something that most business owners can’t do by themselves.

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Carlsbad Civil Litigation – You Need an Experienced Law Firm on Your Side

Any company, no matter how big or small, is vulnerable to legal issues and civil litigation. You may need to sue or worse, you may get sued and need to protect your assets. You and your company need to be well-prepared for any potential legal problems.

The best way to protect your company is to use an experienced law firm who understands your needs and is there for you should a problem arise. Don’t be left unprotected – have a good civil litigation law firm on your side.

What is Civil Litigation?

Civil litigation is a broad term used to cover various legal issues involved with civil disputes, which can end up as civil lawsuits. Civil litigation is different from criminal issues in that it involves disputes that do not involve a crime. Civil litigation begins once a party initiates a lawsuit by filing a complaint against another party.

Civil Litigation Service – What You Need to Know

A good civil litigation attorney or law firm can help with various legal problems. Here are a few of the specific areas in which a skilled and experienced law firm can help:

• Purchases and Sales Contracts. Any business that sells a product or offers a service has an implied or explicit contract. Disagreements often arise on one side or the other. Don’t let a minor issue turn into a major one, or let a major issue turn into a catastrophic one.

• Fraud. The bigger your business is and the more intellectual property it owns, the greater the possibility for fraud. Fraud can cause severe damage to your business and seriously impact your future earnings.

• Service and Supply Contracts. Most businesses have at least a few contracts with suppliers or service providers. Even if all you have is a janitorial service come in and clean once each week, that service contract could be subject to disputes. Legal issues with suppliers are common in nearly every industry and require the help of experienced attorneys.

• Trademark Issues. Other companies can infringe on your trademark, your slogans, or other items associated with your company or brand. Problems can also arise with intellectual property that is stolen or copied.

• Injuries or Product Liability. If you make any products, or have customers on your premises, then you have the potential for liability issues. This is a very specific type of law and you need to have attorneys who know exactly how to handle these types of problems.

Don’t get caught unprotected – have an attorney on your side. Having an experienced and respected civil litigation law firm in your corner is just as important as having insurance. If you’re seeking representation or have questions regarding civil litigation services, contact the Krupa Law Group at 760.231.8383.

Posted in Carlsbad Civil Litigation Tagged with: ,

6 Misconceptions About Hiring a Personal Injury Attorney

Personal injury attorneys sometimes have reputations as salespeople and ambulance chasers, but in reality they are advocates for people who have been injured or wronged. Accidents can happen in the blink of an eye. Dealing with the personal and financial complications of an injury or accident can be overwhelming – that’s why it is usually a good decision to hire a personal injury attorney 

There are plenty of myths and misinformation surrounding accidents and personal injury lawyers. Here are a few of the most common misconceptions with the truth behind the myths:

  1. Insurance will cover my expenses. This is more than a myth – it is blatantly untrue. Insurance companies make money by convincing you to settle for the lowest possible amount – often lower than you need. A study done by the Insurance Research council showed that claimants get 350% more money when they hire a lawyer. Insurance companies have their best interests in mind – not yours.
  1. Quick settlements mean more money. This is also untrue. Once you settle, you have no further claims on the responsible party. Patience is definitely a virtue when it comes to personal injury cases. An experienced lawyer will explore all available options before making any final decision.
  1. The legal system is there to protect the people. While there are many protections within the law for citizens, it is a fact that insurance companies and large corporations can hire the best lawyers to protect their interests. They have the money and time to prolong the battle. To fight for your rights, you need to hire an experienced personal injury attorney.
  1. Bigger law firms have better lawyers. Once you have made the decision to hire an attorney, it’s good to know that bigger doesn’t necessarily mean better. Bigger law firms handle bigger caseloads and may charge more per hour, but it doesn’t man they will give your case the attention it deserves. You want an attorney who gives attention to your case – whether that attorney comes from a big or small firm.
  1. Personal injury lawyers are expensive. Most attorneys offer a free consultation and take your case with no upfront fees. They get paid when you get paid. You have to give up a percentage of your settlement when you win the case, but without a personal injury attorney your chances of winning any money would have been much lower.
  1. The medical bills will be unaffordable while waiting for the attorney to work on the case. An experienced personal injury lawyer should be able to negotiate a lien agreement with your health care provider. This lien will pay your medical bills out of your settlement money.

Hiring a personal injury attorney is a big decision. However, not hiring once can often be a bad decision. A personal injury lawyer will protect your interests in an accident or injury and hold the responsible party liable for any fair compensation. If you’ve been hurt or in an accident and have questions or are seeking representation, contact the Krupa Law Group at 760.231.8383. 

Posted in Personal Injury Attorney