After a loved one passes away, the friends and family face the task of understanding the deceased’s wishes and making sure that his or her property is distributed according to their wishes. Some situations arise, however, when it becomes necessary to challenge or defend the validity of the deceased’s will, including the circumstances under which the will was created, in addition to a potential breach of a fiduciary duty. This is called probate litigation. Objecting to a will must occur within a very short period of time and the reasons to contest a will or estate is limited. Those circumstances are:
- Fraud or trickery in the execution of an estate planning document
- Duress in executing an estate planning document
- Incapacity to make a will
- Undue influence in executing an estate planning document
Generally, probate litigation can create conflict within a family that is hard to recover from. That is why it is important to hire an attorney who is a strong legal advocate as well as a compassionate and caring individual. If you or a loved one finds yourself in a situation where probate litigation may be necessary, contact the Murphy Law Group to speak with an attorney who can represent you through this process so as to maximize the result of the probate litigation while trying to preserve relationships to the greatest extent possible.