Are you considering contesting a will? Then you need a top estate litigation lawyer. Ambiguous estate documents can be tricky. If you believe that there is defect or some sort of irregularity with a will, you may need to contest its admission to probate. An estate litigation lawyer can evaluate your case and help you determine if you have grounds for a lawsuit.
How Does Estate Litigation Work?
Someone contesting a will may only try preventing the admission of a will to probate if they have proper standing. Some common reasons that a will may be deemed invalid are:
- The Testator (creator of the will) was mentally impaired or incapacitated when signing the will.
- The Testator revoked the will.
- The Testator was under the influence of threat or force when he or she signed the will.
- The will does not comply with the law. For example, it lacks a signature and/or was not signed before suitable witnesses.
- Fraud was involved in the Testator signing the will.
What is the Difference Between a Litigator and a Mediator?
Under very strict circumstances, and after ensuring there is no conflict of interest, an attorney may act as a mediator; helping beneficiaries resolve disputes amongst themselves. Mediation (settlement) can bring a peaceful end to disagreements. However, some require a more intensive approach.
When heirs and beneficiaries cannot resolve their disputes, they may need to take their case to court. This is where a litigator may help fight for their rights.
How an Estate Litigation Lawyer Helps You
Under most circumstances, an estate attorney works with you to:
- Verify whether the estate planning documents meet minimum requirements
- Interpret a will and apply the law
- Handle suspicious or unreasonable creditor claims
- Manage estate assets and investments
- File claims related to inheritance
- Help beneficiaries secure assets to which they are legally entitled
- Arbitrate or litigate disagreements related to estate assets
Contesting a Will in Virginia – Hire an Estate Litigation Attorney Today
If you believe that a decedent’s will offered to probate is not valid, and would like to contest the will’s admission to probate, you need an estate litigation attorney. An experienced trust and estates lawyer can explain your legal rights and provide valuable insight and guidance during the litigation process. This ensures that your best interests are protected. Be careful: with estate litigation, time is of the essence.
If you are in need of an attorney’s advice, please contact Cook, Craig, and Francuzenko. Our firm has attorneys who practice estate planning, administration, and litigation. With over 100 years of combined experience, we are seasoned professionals ready to help.
