Estate Litigation Lawyers in Media, PA

A trustee is like an executor, in that they also have fiduciary responsibility. As it relates to estates, a trustee is a person who handles the administration of assets and property for a third party (the beneficiary) according to a legal document instead of a will. They do not receive the benefits of the trust but manage it for the person who benefits.

When disputes arise over estates, they often center around things such as removing beneficiaries, inheritance disputes, and the misconduct of trustees. A dispute about the probate process means someone is unhappy about how and inheritance or assets are being distributed from the estate of a deceased person.

What happens when a person dies without a written legal document that provides instruction for the distribution of their assets?

When there is no will to determine distribution of assets, the state of Pennsylvania appoints someone to administer the estate. This person is responsible for distributing the assets of the decedent. If your loved one passes without an estate plan in place, it’s best to hire an estate litigation lawyer for guidance.

When a will is executed, “interested parties” (those who have a claim to benefit from the will) may dispute an estate by filing a formal legal objection to the way an estate is to be administered.

What circumstances qualify for contesting of a will?

You can’t just object to a valid will because you think you didn’t get what you expected. There are, however, circumstances under which a will can be challenged:

Authenticity: There is a question as to whether a will is authentic. Is it the most recent version? Did someone forge the will?

Validity: A will must be signed and notarized to be valid.

Fraud:  Was the decedent taken advantage of by being led to change a will under false pretenses? Did a trustee or someone else misrepresent the substance of a will to get a signature from the decedent? Proving that the person requesting a signature from the decedent did so while intentionally misleading them is difficult, but sometimes necessary.

Mental capacity: The person executing the will has to be of “sound mind.” They must clearly understand the details of the document, who will benefit from it (the beneficiaries), and how the will affects them.

If someone creates a will while being deemed without the required amount of mental capacity, that will is going to be considered invalid. Just a few examples of conditions that could lead a person to be deemed mentally incapacitated are a brain injury, Alzheimer’s, and a stroke.

Diminished mental capacity: If someone signs a will while under the influence of drugs or alcohol, they can be considered to have had diminished mental capacity at the time, rendering the will invalid. A person who is not sober is not considered of sound mind — even if the medication they are under the influence of is a prescription.

Is there a difference between estate litigation and disputing the probate process?

 While these two terms overlap, probate encompasses the wider legal consideration of anything related to the decedent’s assets. Estate litigation, by contrast, is a narrower scope that focuses specifically on disputes over assets.

When should I turn to an estate litigation lawyer?

While there are many circumstances that would benefit from having the assistance of an experienced estate litigator, people sometimes wonder when they should seek a lawyer’s help. The answer will depend on how much estate-planning documentation there is to allow for assets to be transferred to beneficiaries without probate court.

If the decedent had a living trust, for example, it may be possible to bypass the probate process. Uncontested things for which a person is named as beneficiary can bypass the process as well—such as retirement accounts and life insurance policies.

If there is no will, however, or there are disputes about the will, then you’re going to want the help of an experienced estate litigation lawyer.

In addition to being complex, estate and probate cases are often further complicated by the strong emotions that accompany the death of a loved one. Having an attorney who specializes in estate litigation will be of great help in navigating the stressful process of contesting a will while protecting your rights as a beneficiary.

Call Our Estate Litigation Lawyers in Media, PA Today

We hope this information has answered some of your estate litigation questions. Since every case is unique, we urge you to contact us as soon as you can to schedule your legal consultation. The death of a loved one is painful enough; you shouldn’t have to wade through the challenges of an estate litigation claim by yourself. Give us a call so we can help.