We Handle Estate Litigation and Estate Planning

To understand what our firm does best, you have to understand the difference between estate planning and estate litigation. Lots of law firms do an adequate job of helping clients plan an estate, which typically involves the distribution of assets after a person has died. Few firms have experienced and skilled attorneys who are successful at estate litigation, which means taking others to court (sometimes executors, trustees, guardians, spouses, relatives, etc.) to prove that they are unlawfully or unethically carrying out their fiduciary or care responsibilities as defined in an estate plan.

Our estate litigation attorneys know that these can be very emotional experiences, so when we get involved, we’re able to be both compassionate and rigorous in carrying out our duties.  We represent our clients aggressively while still showing family members and others respect.  We understand that these are delicate legal matters with interconnected family issues, yet we are focused foremost on favorable outcomes for our clients.

Many attorneys can create an estate plan, and we can do that, too. Significantly fewer attorneys in Alabama are skilled at taking parties to court and challenging the validity or execution of that plan. This is what we do best at Caldwell Wenzel & Asthana. We are fierce litigators who excel in a courtroom and are aggressive about representing our clients’ legal rights.

Our Alabama Estate Lawyers Know How To Win

When it comes to estate litigation, we are not looking for a compromise, we are looking for a legal victory. Our decades of experience in estate litigation enables us to deliver expedient, aggressive, and cost-effective representation to individuals, corporations, trustees, large and small businesses, beneficiaries, conservators, individual fiduciaries and others. Our litigation attorneys can also help clients contest wills, challenge or prove mental incompetence, and question or establish inheritance rights.

Talk to Us Today

We are always ready to speak to you and answer any estate or trust questions you may have. Rather than worry about an estate issue, spend your time getting answers. Remember that all Alabama estate attorneys are not created equal. We are especially knowledgeable about estate litigation, which means we are at ease and adept in the courtroom when these issues need to be argued in front of a judge or jury. Many attorneys are estate planners, but few are estate litigation attorneys. If you need someone fierce in the courtroom, you need CWA. We offer a free initial consultation to review your situation and concerns.

Call us today at (251) 444-7000.

The Estate Litigation Attorneys of Choice for Individuals, Organizations & Other Law Firms

The estate litigation attorneys at Caldwell Wenzel & Asthana are real trial lawyers. In fact, they are some of the most active estate litigation practitioners in Alabama. Our firm understands the importance of estate planning as well as estate litigation, and we appreciate the difference between the two.

Our Alabama estate litigation attorneys are well-versed in both challenging and defending estate planning documents.

For over 25 years we have been working for the people of Alabama, helping them with all of their estate litigation needs.

If you have an issue with a will or trust and are considering contesting it, or if someone is contesting documents with which you are affiliated, contact us today at (251) 444-7000 for a free consultation.

Estate Planning Versus Estate Litigation: Understanding the Difference

What Is Estate Planning?

Basically, estate planning covers the transfer of property upon your death, as well as planning for a variety of physical and mental health scenarios. When you go through the estate planning process at CWA, you work with professionals who have years of experience in advising clients and drafting documents including, but not limited to wills, trusts, powers of attorney, and living wills.

Having legally sound and executed documents in place allows you to make important decisions regarding your assets and your life. These documents clearly illustrate your wishes and identify everything from who receives your property to who is identified to make medical decisions on your behalf should you be unable. An estate planning attorney can draft these documents, ensuring they comply with state and local laws.

The decision to move forward with an estate plan is a wise one, it benefits both you and those whom you love.

What is Estate Litigation?

Sometimes, things don’t go as planned and someone may challenge estate planning documents like wills and trusts. In Alabama, only interested persons are allowed to do this. The challenge is done through the courts.  Whether you are contesting the documents or defending them, the process is referred to as estate litigation.

In either case, this process requires the assistance of an estate litigation attorney. In Alabama, your attorney would initially file the complaint in probate court but it could be transferred to the circuit court. If the will was already probated, it can still be contested.

Your CWA estate litigation attorneys understand the State’s statute of limitations regarding contesting a will and will ensure that you comply with it.

Challenging the validity of a will, trust, or any estate planning documents requires estate litigation. The two parties involved are either contesting or defending the documents. In either case, each will want a highly qualified and experienced attorney on their side. As well as understanding the estate planning process and the documents themselves, their lawyer should be an expert litigator.

The Importance of Working with Estate Litigation Attorneys

Achieving the Outcome You Deserve

Regardless of the “side,” you are on in an estate litigation case, the process is both emotional and complex. The assistance of experienced professionals who are adept in estate litigation is critical.

At CWA we have attorneys dedicated to this practice area. They not only understand current state law regarding these documents; they are also excellent litigators. This combination makes them uniquely qualified and leads to a high level of success. For this reason, CWA is often the firm of choice, not just for individuals and charities but also for other attorneys who refer complex estate litigation cases to us.

The Assurance of Understanding

At CWA, we know that legal matters related to estates often come at a difficult time for families. Both the death of a family member and arguments over inheritance can be traumatic, grief can be very real and debilitating, and emotions can run high.

We approach each case with a sympathetic ear. We appreciate the stress our clients are under and have a reputation for providing valuable advice, direction, and support based on the law.

We want our clients to achieve a favorable outcome while maintaining as many family ties as possible. With skill and sensitivity, our Alabama estate lawyers are experienced at navigating these cases.

Contact an Estate Lawyer at CWA Today

CWA estate trial lawyers have had enormous success in both Probate and Circuit Courts and through mediation in all types of matters concerning estate litigation. Our deep understanding and experience in this area allow us to deliver fierce, expedient, and cost-effective representation to individuals, corporate and individual fiduciaries, beneficiaries, personal representatives, trustees, conservators, and large and small businesses.

Working with professionals who are dedicated to estate litigation is critical in ensuring that you have the resources you need and deserve. Your attorney needs to understand estate planning, the process, the documents, and the laws governing it as well as have expert litigation knowledge and skill.

To schedule a free consultation with our experienced Alabama estate litigation attorneys, please contact us today at (251) 444-7000. Our professionals are ready to leverage their expertise on your behalf.