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Estate Litigation in Brazil

Much like in the United States, estates in Brazil are handed down to family members in the event of a death. As if a death in the family is not difficult enough emotionally, matters of estate can be equally difficult, especially if the estate was not included in a will prior to the family member’s death. In many cases, such as those with larger families and more beneficiaries, disputes are complex and, as a result, they must be brought before a court. When emotions are on the line, a third party is necessary to see through the false claims. If a dispute over the estate of a deceased family member cannot be handled interpersonally in Brazil, it will turn into estate litigation.

Nature of Estate Litigation

When you enter into estate litigation, you’ll need representation to enforce your rights. Estate litigation representation should be sought by:

  • Beneficiaries – The beneficiaries in estate litigation are the ones who were promised the estate in a will, a trust, or a life insurance policy. While this is the person who should receive rights to the estate, many complications could arise.
  • Family Members – In some cases, the family members of the beneficiary or of the deceased will disagree with the plans for the estate, and they will need representation in court.
  • Trustees – A trustee holds the estate on behalf of the beneficiary. Often, this occurs when the true beneficiary is not yet old enough to own an estate on his or her own.
  • Heirs - People that were not necessarily awarded the estate in a will, but are legally the owner of the estate in the case of death, will need representation in court. While legally entitled, many other factors might come into play.
  • Executors – When a person is not well enough or mentally unstable to make up a will on his or her own, he or she can appoint an executor to do it for him or her. Executors must make the final say on inheritances such as the estate, so they will need representation in the case of estate litigation.
  • Administrators – Especially when a family member’s death was sudden, the court might appoint administrators. The administrator must then complete the will of the deceased person, and they must be represented in estate litigation to defend their decision.

Getting Support

Regardless which party you represent in the case of estate litigation, legal representation in court is an indispensable option. Emotions will always be involved when the court case is based on the death of a loved one, so finding a reputable attorney is important. While it may seem simple to follow the outlines of a will and hand down the estate as the deceased would have desired, many complications can come about. Sometimes, time limits, rejections, probates, disagreements, and tax issues can prevent the handing down of an estate as planned, and you will need an experienced attorney to help you through the litigation and achieve the results desired.

We also offer private investigation services for estate litigation cases. From asset searches to infidelity investigation we got you covered!

Phone: 212-300-7174