Losing a loved one is never easy. The emotional turmoil it can cause in more than enough to contend with, but the aftermath of a loved one’s passing can become much more complicated when issues arise with their estate plan. A will may appear to have been the product of coercion or undue influence, a trust may have been created without the requisite capacity, and estate funds can be mismanaged. All of these situations can have serious ramifications for you and your family, as well as for the legacy that your loved intended.
Therefore, if you think that wrongdoing has molded your loved one’s estate plan or is affecting the way that the estate is being managed, then you might want to think about seeking out legal assistance. Fortunately, the probate court allows you to challenge the validity of critical estate planning documents like wills and trusts, and you also have the ability to bring a claim for a breach of fiduciary duty. Succeeding on these matters is about much more than simply filing some paperwork, though. Instead, you need to be ready with evidence to support your case.
This is where the assistance of a skilled probate litigator can come into play. These legal professionals possess a deep understanding of the law in this realm, and they know how to gather the crucial evidence you need to build a compelling case. This might include documentation like medical records, or it might simply be based on witness testimony, such as that pertaining to an individual’s history of manipulative behavior perpetrated against your lost loved one. There’s no one-size fits-all approach to these matters, though, so you need representation that will treat your case like their own, giving it the attention it deserves.
So, if you feel like you were wrongly left out of a will or trust, don’t simply let it slide. On the contrary, think about reaching out to a legal professional who can give you a realistic idea of where your case stands and what your best options are moving forward. After all, that may be not only the best way to secure that to which you are entitled, but also the best way to protect what your loved one envisioned for the future.