Suddenly finding out that you were left out of a loved one’s estate plan can throw shockwaves throughout your life. There’s the emotional pain associated with the thought of your loved one intentionally leaving you out of their will or trust, but there might also be anger at the thought of your loved one being forced to cut you out of an inheritance. You might also be worried about what your future will look like without the inheritance that you had come to expect. After all, that may not just affect you, but your children and grandchildren as well.
If you’re in this position, then you shouldn’t just sit back and accept how things have played out. Instead, you should consider legal action to fight for what you deserve and what your loved one intended. As we mentioned in a previous post, there are a number of ways to contest the validity of a will, including showing forgery, fraud, undue influence, the presence of a superseding will, or a lack of competence on the testator’s part. These arguments aren’t just accepted by the court, though. In fact, estates and those who ended up with the inheritance that should have been yours often aggressively defend against them.
This is why you’ll want to think about securing legal assistance before you address these matters. An attorney who is experienced in this area of the law will know how to spot evidence to support your position, which may or may not be readily apparent. This might involve taking depositions, engaging in other discovery practices to obtain pertinent records such as those pertaining to your loved one’s mental health, and delving into case law to see how similar cases have played out.
At the Zigray Law Office we focus on estate and probate litigation. As such, we know the ins and outs of this area of the law, which allows us to competently represent our clients in these challenging matters. As a result, time and again we have reached favorable outcomes for our clients, whether that means reaching a settlement at the negotiation table or litigating a case in court. Since issues come up with wills and trusts all the time, we stand ready to continue to stand up for Toledo residents who feel that they and their loved one’s estate has been cheated.