Litigation
Ensuring fairness in transferring assets to heirs
Litigation
There are people out there who will come between you and the true intentions of a loved one or who will take advantage of your incapacitated family member. If you are in this situation, seeking legal counsel is important to ensure you have reason to bring a lawsuit against someone who has gotten an unfair advantage in wills, trusts, or other methods of asset distribution or to understand how to protect a family member's well-being and assets. Jim Green is experienced in contesting wills and trusts and will fight for what should rightfully belongs to you or your loved one.
Contesting a Will, Trust, or Other Testamentary Instrument
There are three reasons to contest a will, trust, or other testamentary instrument:
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• If the will or other instrument is not properly signed by the person making it and the witnesses;
• If the person making the will or other instrument is not mentally competent at the time the document is signed;
• If somebody exercises undue influence, coercion, duress, or fraud over the person making the will or other instrument.
A presumption of undue influence arises in cases where the person who benefits from the will or other instrument has a confidential relationship with the person making the will or other instrument and is active in procuring the will or other instrument.
Undue influence can also occur in procuring other gifts such as deeds, bank accounts or personal property.
If you think you have been cheated out of your inheritance, contact us for a free, no-obligation consultation.
Litigation in a Guardianship
There are times where more than one person believes they should be appointed guardian. When that happens, it often results in litigation. There are also times when an incapacitated person has been exploited financially. When that happens, litigation may be necessary to recover the ward's assets from the person who exploited them. In either situation, we can help you assert your rights to help you protect your loved one.
