While no one wants to think about the possibility of contesting a will following the death of a loved one, at times legal action is necessary in order to protect the estate, the sentimental or monetary assets of the deceased, or the final wishes of the deceased. If you believe that a will is not in proper form, was created through undue influence or duress or is not being managed properly, you should consult with an attorney who specializes in will and trust litigation who can assist you in questioning or contesting the will and taking the necessary legal action to ensure that the decedents’ legal rights and desires are protected.
If the Inheritance is Considered Unfair
In some cases, the deceased has bequeathed their assets to specific heirs in an inconsistent manner. Although it is the choice of the deceased to distribute assets ashe or she so chooses, if the inheritance is considered unfair and was created through influence, there may be a legal remedy to protect the assets of the deceased and to question the inheritance. It is important to consult with a qualified will and trust litigation lawyer during probate, or at least, prior to the distribution of the estate’s assets in order to ensure that the distribution is in line with state law and the actual desires of the deceased.
The Mental Capacity of the Deceased is in Question
If you believe that the deceased lacked the requisite full mental capacity or lucidity to sign or enact a last will and testament or they changed an existing will under these circumstances, it is best to consult an experienced will litigation attorney or a qualified probate lawyer to determine if the will is legally valid. Once the will is disputed, the court must intervene in order to determine whether the deceased had full mental capacity at the time the will was signed or created. If the deceased was not competent at the time of signing the will, the court will then decide how the estate’s assets should be distributed.
Fraud
If a family member or heir believes that anew will was created or that changes to the deceased’s will were enacted as a result of fraudulent activity, it is best to seek the advice of a qualified will lawyer who can litigate this claim in the probate court if necessary. This may be particularly true if the will was changed close to the time of the decedent’s death. If the will is contested it will be contested through the probate process in the probate court, and before probate is closed (and by claim of fraud at any time). In addition to this, if fraud is found, criminal charges may also be filed depending on the circumstances of the case.
Ownership of the Estate Assets in Dispute
In some cases, the ownership of the decedent’s assets cannot be easily determined, especially if property was jointly owned or held with another person who is still living or was comingled with another person who had passed away. In the event that you believe that property bequeathed in a will is improperly being distributed or is improperly included in the estate of another, you must contest the will in order to protect those assets.
Please consult a qualified will attorney, trust litigation lawyer or probate lawyer immediately for any of the above stated reasons in order to begin legal action.
The attorneys at the law firm of Goldstein & Scopellite, PC, have several qualified will lawyers,trust litigation attorneys and probate attorneys available to assist you.
Goldstein & Scopellite, PC was established in the year 2002 and has offices located in Dallas, Texas and in Tucson, Arizona. For more information, see the Goldstein and Scopellite, PC local listing in D Magazine.
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