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If you have an inheritance dispute, have been treated unfairly in a will or trust, or believe that the will is fake, you need to bring your claim promptly. Will contests are often brought because someone imposed undue influence on the testator who was unable to resist the influence, either because of dementia, illness or because the other person (family member, caregiver, friend or stranger) persuaded them by spreading lies and innuendo.
Sometimes the will is forged and a handwriting expert is needed to get to the bottom of it. Sometimes estate plans are put in front of a testator to sign even though they have Alzheimer's. Sometimes there is no will, but there is a written letter that the court may deem to be a valid will.
Often an executor or trustee makes a mistake in administering the estate, or even treats him or herself with special consideration, e.g. paying themselves a lot of money, wasting assets, co-mingling their money with the estate money, failing to promptly administer the estate, or losing money in risky ventures. A fiduciary has a very high standard of care to the heirs, and when that standard has been breached, the way to fix it is through a lawsuit.
In other cases, there are complications because the testator had more than one marriage and children of one marriage are treated differently than those from the other marriage. There may be reasons for the inequity that the law does not permit. Other cases involve straightening out poorly written trusts and wills.
Many probate attorneys do not like to get involved in litigation and refer cases to this firm to litigate. We have an excellent record representing our clients in will contests and trust litigation and would be happy to speak with you about your case.
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