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 are 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 set up estate plans, 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
Wills can be contested for a variety of reasons. The attorneys handle cases arising from circumstances such as these:
- A will cannot be located.
- An heir is disinherited or otherwise has disappointed expectations
- The signature on the will is a forgery.
- A will was executed and signed by someone without the capacity to do so.
- A will was a product of undue influence from someone who benefits to the exclusion of other heirs.
- A will was a product of coercion by a person who would benefit from the will.
- The language of a will is ambiguous.
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. When people named personal representatives in an earlier will go to trial and lose, they may still be awarded attorney’s fees. If they succeed in a will contest, they may experience emotional turmoil because their win frequently comes at the expense of other family members. The firm’s attorneys counsel clients on these and other possible outcomes of will contests.
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 or 877-389-5533 (toll free) to set up an appointment.