Trust, Will and Probate Litigation

Cheated Out of Your Inheritance?

Contesting A Will

Have you been robbed of your rightful inheritance? Were you disinherited because someone influenced your loved one into cutting you out? Is the family trust being mishandled and the money squandered? Did your spouse leave all of his or her assets to their children from a first marriage? Can you challenge your father’s will if he left everything to his new young wife? Did your parents disinherit you years ago and forget to change their will after you reconciled?

Whenever death and money are involved, things can get messy. But you DO have rights to fight back through probate or trust litigation. If you’re the beneficiary of a will or trust, and have questions about your rights, contact Buckman and Buckman, P.A., for an estate litigation case review.

When a will or trust is contested, it’s often because of undue influence from another party, or mental incapacity of the person creating the will. Typically these two circumstances go hand in hand. When the person who creates a will isn’t mentally capable of making legal decisions, it’s very easy for someone to influence their actions. But there are ways to protect your rights and demand that beneficiaries explain themselves in court before a judge.

Undue Influence and Lack of Mental Capacity

Some of the biggest warning signs that someone else has taken advantage of your loved one’s last wishes include:

  • The person who benefits most from the new will or trust was at the meetings when the estate plan was put together.
  • The beneficiary of the will is the person who also recommended a specific lawyer to create or change the estate plan.
  • When the beneficiary knows what the will or trust says before your loved one is deceased.
  • If the beneficiary gives the attorney instructions on how to create or change the estate plan.
  • Another sign of undue influence is when the beneficiary knows or arranges for certain witnesses to be present at the execution of the will.
  • Finally, when the beneficiary maintains or controls the execution of the will after the loved one has died.

Just because these elements exist doesn’t mean undue influence has happened, but they are considered legal warning signs that will force the beneficiary to give an explanation of their actions.

Mr. Buckman is a highly-skilled Professional who expedited my case efficiently and effectively. He was ethical, knowledgeable, patient and thorough from start to finish. I could not have asked for anything more! — Lisa

Trust Litigation

In estate planning, a trust is used as a way to avoid going through probate. That means not having to go through a very long process in the court system to distribute someone’s assets after their death.

Trust litigation happens when there’s a challenge to how assets are handled or how a trust was created. Trustees, beneficiaries, or anyone who has an interest in the trust can file a lawsuit to challenge it.

Often this means spouses, siblings, children, step-children and other possible beneficiaries disagree about the trust and bring the lawsuit before a judge in court.

Money Won For Clients

$1.6 Million

Estate Litigation Settlement

Estate Litigation settlement stemming from wrongful procurement of a will and breach of fiduciary duty by the personal representative of an estate.

$300,000

Estate Litigation Settlement

Settlement against a trustee and personal representative who attempted to defraud the beneficiary of a will from her rightful inheritance.

More verdicts and settlements

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