Will & Trust Contests
Challenging a Will or Trust: You can file a will or trust contest in order to recover or protect your inheritance.
What You Need to Know
What is a Will or Trust Contest?
A record number of people are headed towards retirement in the next decade. Added to that dynamic is the fact that our elder loved ones are living well into their 90’s. The transition of wealth between generations is the largest our country has ever seen. Given these circumstances, it is a far too common scenario where a loved one has been taken advantage of by someone else, resulting in unwanted changes to their estate plans.
For example, a caretaker, sibling, child or other individual may have unduly influenced your loved one into leaving her entire estate to someone else. Maybe your loved one was suffering from dementia or some other cognitive or physical impairment, leaving her vulnerable to elder abuse. Whatever the specific circumstances, the result is often the same. One or more rightful heirs get written out of the estate or get a reduced inheritance. If this is the case for you, challenging a will or trust may be appropriate. The specific type of petition/law suit challenging a will or trust is called a contest. That’s what we do at The Inheritance Recovery Attorneys, LLP. We help our clients to challenge a will or trust that has been procured through wrongful acts of another.
Benefits of Probate Litigation
Make Things Right
Honor the deceased’s true intentions by working for the just outcome.
Get Results Faster
We will fight to make trustees and executors do their job fairly and quickly.
Find a Resolution
Litigation can resolve long-running disputes before they get any worse.
Schedule your free consultation to get started.
No Win, No Fees
Whether you are challenging a will or trust or both, the procedure is similar; you have the right to file a lawsuit to invalidate the instrument that was obtained through the wrongful acts of another. But there are often very strict deadlines for filing a contest, so it is very important that you don’t sit on your rights. The first step is to contact us so that we may evaluate your case. Once you hire us, we will immediately investigate the facts and determine whether there was undue influence, duress, or fraud at play. We will build your case based on your unique set of circumstances and will explore every angle in order to get your case ready.
We’ll leverage our decades of combined plaintiff’s litigation and trust and estate experience in order to achieve a recovery as economically and efficiently as possible. Because of our fee arrangement, there is no incentive to drag out the case. We find that many attorneys on the opposing side do not have the same unique blend of litigation and probate and trust experience as we do. In addition, they simply do not have the resources to be embroiled in litigation. As a result, we often achieve high-paying settlements without the need for trial or even filing of a law suit.
Unless and until we achieve a recovery on your behalf, you will not owe any legal fees. Our legal fees will be paid as a percentage of the monies we obtain on your behalf. So in the unlikely event you don’t get anything, neither do we.
This is especially common when one child moves in with the parent(s) to provide care. In return, the parent(s) might leave “more” to the child who cared for them, often to show their gratitude and appreciation. Sometimes, however, parents might either feel obligated to leave more to the child who cares for them, or worse, fearful that the child will cut off care. As a result, more and more beneficiaries are being disinherited from estates. In many cases, these decisions are exactly what the parent(s) intended and there may be no grounds for challenging the distribution scheme.
But often, the parent(s) would not have disinherited one or more would-be beneficiaries but for undue influence, duress or even fraud committed by the beneficiary inheriting a disproportionate portion of the estate. This is more common with a parent who has dementia and is vulnerable to being influenced. Again, because our aging population is living longer, dementia is on the rise. It is not a coincidence that so are estate disputes.
Unfortunately, for many wrongfully disinherited individuals, it is cost-prohibitive to hire an attorney to contest a will and/or trust. However, a contingency based fee arrangement helps to cure this inequity. Under a contingency fee arrangement, the attorney only gets paid if the beneficiary obtains some form of monetary recovery from the estate. We find that this arrangement helps bolster the attorney/client relationship. Rather than bill hourly and drag cases out, attorneys working on a contingency share the same goal as the client; to efficiently and economically obtain the fairest result possible.
With a growing number of individuals being written out of their inheritance, estate litigation will be on the rise in the coming years. Would-be beneficiaries who have been wrongfully disinherited should have an opportunity to prove their cases without having to spend thousands of dollars to do so.