Bolinger Law Firm, LLC – St. Louis Probate and Trust Litigation Attorney

The administration of a will or a trust can lead to contentious disputes among loved ones. Often times, an underlying rift among family members comes to fruition once a loved one passes away. Whether it be a will contest or an issue involving trust litigation, a St. Louis probate and trust litigation attorney with the Bolinger Law Firm, LLC will diligently listen to your concerns, advise you about your rights, and diligently represent you to protect your financial stake in the matter.

In a will contest, a family member or loved one may be overlooked or explicitly excluded from the decedent’s estate. This can happen for a variety of reasons including undue influence, lack of capacity or fraud. Additionally, subtle underlying rifts among family members come to fruition upon the death of a loved one leading to intense emotional battles leaving everyone involved exhausted. In a situation involving a will contest, it is important to understand your rights, remedies and potential ramifications so that you can protect your interests. Even if the will contains an “in terrorem” or no-contest clause, it is still possible to receive benefits from the decedent’s estate if certain factors surrounding the execution of the will are present. Therefore, it is important to speak with a St. Louis probate litigation attorney to provide you with advice regarding your specific issue.

Furthermore, the administration of a trust leads to complicated legal issues dealing with the validity of the trust, beneficiary disputes, administration disputes, breaches of fiduciary duty and fraud to name a few. At Bolinger Law Firm, LLC, we represent beneficiaries and trustees in litigation to ensure proper administration of the trust assets while preserving each party’s rights and duties. A St. Louis trust litigation attorney will carefully listen to your concerns and proceed in a swift manner to protect your best interests.

Call us today at (636) 386-8322 to speak with a St. Louis probate and trust litigation attorney or schedule an appointment.

Frequently Asked Questions

What is a will contest?

A will contest is a petition filed in the probate court where the decedent’s will is filed. The will contest alleges that all or part of the decedent’s will is invalid due to the incapacity of the decedent’s or because another party unduly influenced or fraudulently induced the decedent into executing the will, thereby affecting the disposition of the decedent’s assets. A will contest requires careful insight into all of the surrounding facts and circumstances to fully understand if the decedent’s actual wishes were accurately reflected in the will document.

Who can contest the will?

In order to contest a will, the party contesting the will must be an “interested person.” In order to be an interested person permitted to contest a will, the contestant must be an heir, devisee, trustee or trust beneficiary under another purported will of the same decedent, or a person who has acquired, before or after the death of the testator, all or part of the interest of such heir or devisee by purchase, gift, devise, intestate succession, mortgage or lien.

Can I contest a will even if it has a no-contest/in terrorem clause?

Yes, although a will contains an “in terrorem” clause, also referred to as a no-contest clause, an individual may contest the will. The way “in terrorem” clauses operate in conjunction with the rest of the will is pivotal because the decedent typically leaves just enough assets to a beneficiary to make them think twice before contesting the will. Consequently, before filing a formal petition contesting the will it is important to fully understand the will, evaluate all of the surrounding facts, and determine the likelihood of success so that you can make an informed decision as to whether it is in your best interests to contest the will.

What are the causes of trust litigation?

Litigation involving trusts may arise for a variety of reasons; however, the most common reasons for trust litigation are beneficiary disputes, trust validity, commingling of funds, administration disputes, imprudent investments, breach of fiduciary duty and fraud.