Contesting A Will Is Sometimes The Best Course Of Action
When a loved one passes, the event can bring about a certain level of confusion and sometimes chaos. Unfortunately, the severity of these concerns is only elevated when there is an issue with the will left behind. However, even though the action of seeking legal recourse when there is a discrepancy with the will is not necessarily the most favorable path, in some instances, not only is it warranted, but it is necessary. Learn more about the instances when legal action is important.
Fiduciary Duty
When an individual prepares a will, they will often designate an executor of their estate. The executor is the manager of sorts and is responsible for ensuring that the details of the will are executed as listed. Unfortunately, there are instances when an executor does not fulfill their duty.
Any party designated as a beneficiary in the will has a legal right to contest the will, or estate, on the grounds of a failure on the part of the executor to fulfill their fiduciary duty in this instance. If successful, the court would then remove the executor and designate a new court-appointed individual to serve in this capacity.
Illegal Influence
Sometimes, the concern is the will itself, in that the will was not prepared legally. A will is a legal document, but its authority is only standing when it is prepared free of duress. When an individual prepares their will under the strain of coercion from someone else or when they are in a medical state in which they cannot exercise clear judgment, the will can be deemed illegal, and therefore invalid.
If you have this concern, an attorney can work to provide evidence, such as medical records or witness accounts, to help prove that the will was drafted with illegal influence.
Elective Share Contests
A will is generally an all-inclusive document in that whatever is listed, is honored. However, in some states, a will can be contested on the grounds of an elective share claim. For instance, consider a scenario where a child conceived outside the deceased's marriage is left out of the will.
In some states, this child can claim their fair share of the will, even if they are not listed. It is important to note that this process can be complex, but it is feasible. However, the importance of an attorney in this instance cannot be understated.
This scenario is both an unusual and uncomfortable situation, but it is important. Rest assured that an attorney will help you navigate these unchartered waters and ensure the matter is handled fairly.
For more information about working with an estate litigation lawyer, contact a local law firm.