ESTATES - WILL CONTESTS
A last will and testament is usually taken at face value, but sometimes it should
not be. Wills are contested for several reasons, including claims that the decedent
was not of sound mind when drafting the will, when it is suspected that the decedent
was taken advantage of, or when executor or trustee fraud is suspected.
We are familiar with the requirements of will contest, and we assist families
and individuals who have rightful will contest claims. If you are considering contesting
a will, we can look at the evidence you have to make your case. We are familiar with
the strategies used by fraudulent parties and we can help you to ensure that your
family assets go to their rightful beneficiaries.
To contest a will, you must have "legal standing", meaning
that you have a legitimate connection to the validity or invalidity of the will.
You must show how you are harmed or will suffer harm due to the terms of the will.
You are also required to have a basis upon which you are challenging the will, such
as suspicion that a will was drafted or changed under illegitimate circumstances
or that the executor or trustee is acting fraudulently.
You will want to consider your motives for the will contest, the pros and cons
of bringing the contest, and also whether it is worth the while to challenge the
will at all. If the contest is substantiated, the court will look at prior wills,
or in their absence, the court distributes the estate as it would if no will existed
at all. So even if the will is found to be invalid, the person contesting it is not
necessarily going to benefit from the ruling.
Contesting a will is no easy feat and it should not be done without some serious
thought. Our attorneys will help you navigate the law and the court systems that
hear will contests. We can help you determine whether you have a legitimate claim
or if it is better left unaddressed.
DIVORCE - SPOUSAL SUPPORT
Spousal support becomes necessary to ensure that both parties in a divorce receive
the support needed to begin establishing their new life without a spouse. It is ordered
to give spouses equal income during and after divorce. Spousal support is based on
several factors including:
Learn more about divorce spousal support...