Will Disputes / Estate Conflicts / Contests

Will Contests

A Last Will and Testament is intended to be the final word on the decedent’s wishes regarding the disposition of their estate at the time of death.

When one or more provisions of a Will are questioned, the disagreement may lead to litigation. It is a complex topic, but here are some general guidelines about Will contests in general.

There are two frequent types of Will contests –

1. Objection to the executor – for many reasons. He or she may be patently under qualified, disqualified for legal reasons, or subject to some other major conflict of interest.

2. Objection to the validity of the Will itself.
The decedent may have revoked the Will prior to his death.
The decedent may have lacked the capacity to create a proper Will. This is the case when the person was not of sound mind when the Will was written.
The decedent may not have been acting of his own free will or under duress.
The Will may be believed not to be the work of the decedent: a fraudulent or forged document.
The decedent’s Will is not up to date; it leaves out children or does not take into account legal changes in relationship like remarriage or divorce.
The decedent’s Will is improperly done and does not comply with State or Federal Law.

Estate Controversies - Probate litigation
The probate process is a court-supervised process that is designed to manage the transfer of a person's property at the time of death. It includes not only probate but also trust and estate disputes. The need for probate litigation will most often arise in cases of fiduciary negligence, when a trustee takes action to enrich themselves at the expense of the person they are entrusted with representing.

Legal View
Will contests and Estate Controversies are often extremely stressful, pitting family members against each other and requiring great reserves of patience and resilience. If you need to contest a will or have a probate of estate dispute, you need sensitive and experienced counsel. For a free evaluation of your potential claim, call 1-888-446-8087, or fill out an intake form on this website by clicking on "Can We Help You?" on the upper right hand corner of the home page.

DrugRxRecall and The Mulligan Law Firm are particularly interested in speaking to those with will contests or estate controversies in the states of Texas, California, Pennsylvania, and Florida. However, we would like to talk to you no matter where you live. Please call us today!

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