Top Estate Planning Attorney R. Sam Price, founder of Price Law Firm, APC in Redlands, CA, explains the process of disputing a trust or will. For more information please visit https://pricelawfirm.com
Redlands, California, United States - July 31, 2023 —
Seeking to contest a family trust or will is not for the faint-hearted and requires skill, hard work, and a thick skin, Estate Planning attorney Sam Price commented this week.
For more information please visit https://pricelawfirm.com
Only those with a "legal standing" can launch a lawsuit. These are defined as beneficiaries, heirs, those who would be personally affected, and even creditors. Anyone with a stake in a decedent's will or family trust can challenge the estate based on a number of grounds.
The Founder of Price Law Firm, APC, in Redlands, CA, said: "The first step is to seek the advice of a probate litigation attorney who will be able to offer a professional view on the potential to challenge a will."
Grounds for challenge include proving that the will was made under undue duress, written when the person suffered mental incapacity, through fraud, or that mistakes and omissions occurred in the will-making process.
Another objection could be that the executor who administers the will is in breach of their fiduciary obligations – essentially not carrying out the person's true wishes to the letter.
"However, a person who is simply disgruntled with a settlement and wants to challenge a will on that basis to get more of a fair share in their minds will see their objection rebuffed by the courts," said Mr Price.
He urged that speed is of the essence in launching a challenge as the window for contesting an estate is relatively short and varies from state to state.
"An attorney is best placed to advise beneficiaries of contesting a trust or will. They can assess the key strengths and weaknesses and advise the costs of taking such action.
"If a contest is successful and a court judge rules in favor, the document will be void, and the estate's assets will be distributed per state law," Mr Price concluded.
However, if they lose the challenge, they could find themselves challenged to cover the financial costs of the legal case – and those forced to defend it.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Sam Price
Email: Send Email
Organization: Price Law Firm, APC
Address: 454 Cajon Street, Redlands, CA 92373
Phone: 909-488-4110
Website: https://pricelawfirm.com
Release ID: 89103444
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