You Can Contest Wills And/Or Trusts
Even with the best intentions and the best planning, an individual’s last will and testament may become the cause of disputes and litigation. Heirs and beneficiaries may contest a wide range of issues arising from a will – even a properly drafted will. Love, money and control are powerful motivators, as well as disappointed expectations.
At the St. Paul, Minnesota, law firm of Mason & Helmers, the attorneys counsel and represent clients in will contests. With decades of experience helping Minnesotans with inheritance disputes, our legal team gives people an understanding of their options, including the costs and benefits of litigation. Clients in these matters include heirs, family members who were excluded from a will and nonprofit organizations seeking a promised bequest.
Issues In Will Contests
Will contests happen for a variety of reasons. The attorneys handle cases arising from circumstances such as these:
- Missing wills: A will cannot be located, creating uncertainty about the decedent’s final wishes.
- Disinherited heirs: An heir is not included or receives less than expected, leading to disputes over fairness or intent.
- Forged signatures: Questions arise about whether the testator’s signature was genuine or falsified.
- Lack of capacity: The testator may not have been mentally capable of understanding the document.
- Undue influence: Someone close to the testator may have manipulated or pressured them into changing the will for personal gain.
- Coercion: The testator may have created the will under threats, intimidation or other forms of force from a beneficiary.
- Ambiguous language: Unclear or conflicting terms in the will can lead to differing interpretations and legal disputes.
When any of these issues arise, skilled legal guidance is essential to ensure the decedent’s true intentions are honored.
What Happens After Contesting A Will?
Many will contests settle before trial, and significant decisions occur during negotiations rather than in the courtroom. This saves money for both sides and allows families to retain more control over the outcome instead of letting a judge or jury make the decision.
If the case proceeds to trial, the court will determine whether the will is valid and how the estate should be distributed. Settlements can occur at any stage – even after a trial begins – and often include compromises such as partial distributions, adjusted inheritance amounts or agreements about property division.
After the case concludes, both sides must comply with the court’s ruling or the terms of the settlement. The winning party may administer the estate, while the losing party may face costs or emotional consequences, especially with strained family relationships. Even a legal “win” can feel bittersweet when it involves disputes among loved ones.
Appeals are possible but typically limited to cases where there is a clear error in law or procedure. An appeal can extend the process significantly, but it offers a chance to correct unfair or legally flawed outcomes.
The firm’s attorneys counsel clients through every phase – from negotiation to posttrial resolution – ensuring they understand each possible result and the personal and financial implications involved.
Contact Us To Schedule A Consultation
To learn more about will contests, contact Mason & Helmers today. The firm’s lawyers serve clients in the Minneapolis-St. Paul area and beyond. Call 651-323-2548 to set up an appointment.