Experience Handling Will Challenges And Disputes
Will contests are something that you may have seen on the news in a high profile story, but you likely never imagined that you and your family would become embroiled in estate litigation. Unfortunately, will contests can and do occur.
If you need help challenging a will or you need help upholding the validity of a will, contact an experienced estate and probate lawyer at Sheridan & Dulas, P.A. We are committed to providing the quality legal representation and superior client service you require.
Wills may be challenged on various grounds, including:
- Undue influence: Due to age, illness or other conditions, some testators may succumb to the undue influence of a third party. Proving undue influence is challenging, as mere nagging or questioning of a testator is not necessarily enough to demonstrate undue influence. Rather, the testator must have been subjected to extreme pressure. These cases are fact sensitive, however, so it is always best to consult with an attorney if you feel that a testator was subjected to undue influence.
- Duress or incompetence: Was the testator subjected to extreme pressure or unable to understand the nature of his or her actions due to advanced dementia, physical illness, mental illness or another challenge? If so, the will could be subject to challenge.
- Improper execution: If the will was not validly signed, witnessed and executed, it may be challenged.
- Fraud: Did the testator know that he or she was signing a will or making changes to a will? Did someone convince the testator that he or she was merely signing a power of attorney document, deed or other legal instrument? Did other types of fraud occur? If so, the will may be subject to challenge.
- Elective share: Under Minnesota law, a surviving husband or wife is entitled to his or her elective share of a spouse’s estate. If the will unlawfully abrogated this right, a will contest may ensue.
Whether or not such challenges are successful depends on the unique facts of each case. Given the complexity of such cases, it is critical that you retain an experienced attorney to protect your rights.
Put Our Experience To Work For You
Our firm regularly handles estate issues, including will contests. We have the experience to handle even the most complicated matters involving will disputes.
As a client of our firm, we will work closely with you to identify your goals and actively pursue a favorable resolution to your legal matter.
Many will disputes can be effectively resolved by a negotiated agreement. Fortunately, our lawyers are creative and proactive problem solvers who have helped many clients effectively resolve disputed matters without the time and cost of protracted litigation. Should it become necessary to argue your case before a judge, our attorneys are skilled and experienced litigators who will vigorously advocate on your behalf.
Contact A Minneapolis Will Contest Attorney
Contact our office today at 651-686-8800 to set up a free, no-obligation consultation. Our lawyers practice across the Twin Cities, including Dakota, Washington, Hennepin, Scott, Carver, Ramsey, Goodhue and Anoka counties, and in greater Minnesota.