Do Estate Planning Attorneys Go To Court?

Yes, most estate planning attorneys go to court. However, going to court is not the primary purpose of an estate planning attorney.

Estate planning is a specialized area of law that focuses on helping individuals and families protect their assets and plan for the distribution of their wealth after they pass away. It involves creating wills, trusts, powers of attorney, and other legal documents to ensure that a person's wishes are carried out and their loved ones are taken care of.

While the majority of an estate planning attorney's work takes place outside of the courtroom, there are situations where litigation becomes necessary. These circumstances typically arise when there are disputes or conflicts related to the distribution of an estate or the validity of a will or trust.

One common scenario where estate planning attorneys may find themselves in court is when there is a dispute over the validity of a will. If someone believes that a will was created under duress, coercion, or when the individual lacked the mental capacity to make decisions, they may contest the will in court. Estate planning attorneys are then called upon to provide legal representation for either the person challenging the will or the executor defending its validity.

Another instance where estate planning attorneys may become involved in litigation is when there are disagreements among beneficiaries or family members regarding the distribution of assets. This can occur when there is ambiguity in the language of a will or trust, or if someone feels they have been unfairly excluded or treated. In such cases, the attorney may need to advocate for their client's interests in court to ensure a fair resolution.

Additionally, estate planning attorneys often handle probate matters, which requires the occasional appearance before the probate court. For example, a probate judge may require hearing on disputed creditor claim. However, in Florida, these hearings typically follow the Rules of Probate Procedure, which are different from the Rules of Civil Procedure used in most civil matters.

Often, it is a good idea to use an estate planning attorney with some experience in the court room. This experience can help the attorney draft documents with the goal of avoiding or withstanding litigation.