Challenges to Wills and Trusts
Wills and trusts are legal instruments, but they are mute documents. They can't clarify themselves the way the creator of the instruments could have. The law poses certain requirements in an attempt to provide clarity. But with large sums of money, and sometimes emotions, on the line, parties frequently challenge the validity of wills and trusts.
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The first question is: is the document presented the proper and valid one? If a will fails to conform to state law it may be found invalid. Unfortunately, distribution of property and assets would then proceed according to state law, which is rarely what anyone wants.
Another prominent question is whether the decedent created the will or trust at a time when they were in full possession of their mental faculties. If the person had suffered a stroke, or Alzheimer's disease has significantly reduced their decision-making ability, a will or trust may not be valid.
Uncovering Information
You may not have been officially notified of the death of a friend, or whether or not they had a will or trust. If you have a reasonable belief that you are entitled to a bequest from your friend, you may be able to obtain pertinent information from the trustee. Those who create a will or trust should be honored by having their last wishes carried out.
Proving Your Case
Frequently there is no "smoking gun" showing that a will or trust is valid or invalid. Our work as your attorneys is to assemble the most complete and convincing circumstantial case supporting your side of the dispute.
Call us at 1-866-673-5278 or send us an e-mail to schedule a free initial consultation. Reminger Co., L.P.A., is a large and established firm with more than 50 years experience serving clients like you.
Contact a Cleveland Estate Litigation Attorney Today for a Free Initial Consultation
To discuss your estate dispute with an experienced Cleveland estate litigation lawyer, contact us today. We offer free initial consultations to understand the specific details surrounding your case.