Every will must go through the probate court after the testator has died. While this does not usually pose problems, as the court will simply validate the terms of the will and carry them out, sometimes a dispute can arise from family members or friends. Perhaps you’re faced with one yourself as the executor of a will, or perhaps you’re going to file a claim. In either case, you’ll need a probate litigation attorney.
Such an attorney can help clients contest the validity of a will. For example, they may believe that:
• A will was written under duress
• A will was written under diminished mental capacity
• The wording of a will is too obscure
Many problems could arise when a testator decides to write the will without legal assistance, or when the lawyer who prepared it was not competent for the task. Assets could also become mixed up after multiple marriages or because of dysfunctional family relationships.
While a living trust is never probated, a dispute may still arise between the trustee and the beneficiaries. The simplest case is where a trustee fails to comply with the terms of the trust. In some other cases, a trust may fulfill its purpose and be considered useless from there on, or perhaps the purpose is no longer practicable. This is where a trust modification or reformation comes in.
Another situation that might call for litigation is if you have a loved one who is no longer able to care for him or herself. A lawyer could help you file for guardianship over that person and the estate. If you want to contest another’s claim to be a guardian, a lawyer can assist in that as well.
If you have need of an experienced attorney to help with your case, contact Licari, Walsh & Sklaver, LLC today.