If you believe that a loved one’s will was procured by the undue influence of another, by fraud or that the Testator had an insane delusion or was unable to understand what he or she was doing when their will was executed, you might have grounds to file a will contest.
You might have a copy of a will signed by the Testator earlier in time when there was no question about the Testator’s capacity. If you believe that the will being offered for probate is not the Testator’s last valid will and testament it is better to file your will contest prior to the questionable will being admitted to probate. When you are involved in a will contest you need an experienced probate litigator to protect your inheritance rights.
You might be a beneficiary of a trust where you believe the Trustee has breached his or her fiduciary duty to you by failing to disclose material trust information, providing trust distributions, by self-dealing or theft. You might be the Trustee who is being sued by a beneficiary or a Co-Trustee. Whatever your situation is, you need legal representation to protect your rights.
The number one issue about your case is what the trust document provides for in terms of the beneficiaries and the Trustee’s powers. Depending on the circumstances of your trust situation, your case could be filed in District Court or Probate Court. You need an experienced trust litigation attorney to help you.
If your elderly parent, adult friend, child or loved one suffers from dementia, Alzheimer’s or is in an accident leaving them incapacitated, they are susceptible to the undue influence of family members, friends or third parties. When a person is unable to manage their financial affairs or make medical or healthcare decisions it might be time to file for guardianship for their person (to make healthcare and living arrangement decisions) or for their estate (to make financial decisions, pay bills and protect their assets) or both. If this scenario sounds familiar, you need the services of an experienced guardianship attorney.