Top estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA advises that contesting a trust or will requires legal standing and expertise. For more information please visit https://www.brumfieldlawgroup.com
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Contesting a family trust or will is not for the faint of heart and requires expertise, perseverance, and resilience, according to Estate Planning attorney Robert Brumfield.
For more information please visit https://www.brumfieldlawgroup.com
Only those with a "legal standing" can launch a lawsuit. These individuals include beneficiaries, heirs, those personally affected, and even creditors. Anyone with a vested interest in a decedent's will or family trust can challenge the estate based on several grounds.
The Founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA, said: "The first step is to seek the advice of a probate litigation attorney who will be able to offer a professional view on the potential to challenge a will."
Grounds for challenge include proving that the will was made under undue duress, written when the person suffered mental incapacity, through fraud, or that mistakes and omissions occurred in the will-making process.
Another objection could be that the executor who administers the will is in breach of their fiduciary obligations – essentially not carrying out the person's true wishes to the letter.
"However, a person who is simply disgruntled with a settlement and wants to challenge a will on that basis to get more of a fair share in their minds will see their objection rebuffed by the courts," said Brumfield.
He urged that speed is of the essence in launching a challenge as the window for contesting an estate is relatively short and varies from state to state.
"An attorney is best placed to advise beneficiaries of contesting a trust or will. They can assess the key strengths and weaknesses and advise the costs of taking such action.''
"If a contest is successful and a court judge rules in favor, the document will be void, and the estate's assets will be distributed per state law," Brumfield concluded.
However, if they lose the challenge, they could find themselves challenged to cover the financial costs of the legal case – and those forced to defend it.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
Release ID: 89136970
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