Maumee Probate Litigation Blog

It is never easy to realize that your loved one isn't the person they used to be. Over time, the elderly do tend to lose some of their mental faculties. This can mean that they're not in a position to make important decisions about their lives. If they do, they could be easily influenced or not fully understand the implications of their actions.

This is a particular problem among people who have dementia. Early on, people with dementia are often still in their right minds and able to make decisions. They may occasionally show signs that they are losing touch with their surroundings, but they snap back to reality quickly and understand how their actions are impacting others.

There are a number of circumstances under which you might want to challenge a will. While the majority of wills go through probate with no issues at all, there are times when family members and beneficiaries may have concerns about the decedent's will.

Since the will is designed to speak for a person who is no longer living, it's vital that it's upheld as it was intended. However, if a person was manipulated, threatened or otherwise forced to write or alter their will, there could be a reason to challenge it.

Challenging a will is easier said than done, as you need to have a reason to move forward with the process. In other words, people can't contest a will because they feel like they didn't receive what they deserve.

There are many grounds for contesting a will, with testamentary capacity often at the top of the list.

When a loved one passes away, the last thing you want to do is mire the estate in court without good reason. In fact, many people may overlook inappropriate or questionable behavior by an executor or trustee in good faith, assuming that person is simply doing the best he or she can for the situation.

Sometimes, however, serious mistakes, oversights or attempts to profit from the estate could necessitate bringing a challenge. In many respects, the estate plan, trust or last will is the final legacy of your loved one. He or she went through the effort to create the plan in the belief that those wishes would be accurately and carefully executed. Incompetence or greed should not diminish the legacy of someone you love.