If you are involved in an inheritance dispute, have been treated unfairly in an a will or trust, or believe there is a possible forgery, it is important you talk with an estate litigation lawyer as soon as possible.
There are many reasons to contest a will; however, the most common one relates to undue influence. What this means is that one or more parties used their influence on the testator who could not resist because of fear, lies, innuendo, illness, dementia, and so forth. In other contested claims of a will, the document has been forged. In this case a litigation lawyer may need to retain a handwriting expert to closely examine the will. Sometimes no will exists, but rather there is a hand written letter or note that is signed and dated. Whether or not this will hold up in a court could be a matter of having the right litigation lawyer on your side. In the event that you need a lawyer, like a wills and trusts Lawyer Scottsdale, AZ can turn to, do not hesitate to contact one to make sure you are in the best position to tackle your case. Additional reasons to contest a will or estate include:
- An executor or trustee made a mistake during the administration of the estate
- The executor or trustee treated him or herself with special considerations (i.e. wasting assets, paying themselves large amounts of money, not administering the estate correctly, stealing money, etc.)
- The testator had more than one marriage and the children of the marriages were not treated the same
- The will or trust is poorly written
Not all probate lawyers will handle litigation claims. This is why it is important to choose a firm who is familiar with these types of cases and has an excellent record in client representation.
When an individual has a significant amount of assets, he or she might establish a trust rather than a will. A trust is created for a person or entity. A trustee is a person who will manage the property of a trust.
Trusts can be drafted while the trustor is living. This is known as a living trust. It is also possible to create a revocable trust which outlines how assets should be divided upon the trustor’s death. Just like a will, a trust can be contested.
Trust Litigation Services
We possess the rights skills and experience necessary to handle every type of trust litigation claim. While many of our cases are settled out of court, we are always ready to present our client’s position to a judge or jury. We have litigated on behalf of trust beneficiaries and also defended trust fiduciaries. Our services include, but are not limited to:
- Contesting a trust or will
- Beneficiary claims
- Trust reformation
- Breach of a fiduciary duty
- Accounting of finances held in a trust
- Mismanagement or misappropriate of a trust
- Assessing the validity of a trust
- Investigating allegations of fraud, coercion, diversion, duress, undue influence, etc.
Our litigation lawyers have represented clients of all types including:
- Education institutions
- Corporate trustees
- + More
Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on wills.