PROBATE AND TRUST LITIGATION

As difficult as losing a loved one is, the emotions of administering a will or a trust can lead to horrible disputes among family members. This amplifies the stress, grief, and sense of confusion throughout the entire process.

Whether a will is being contested or you have an issue involving trust litigation, a St. Louis probate and trust litigation attorney with the Bolinger Law Firm will diligently listen to your concerns, advise you about your rights, and protect your financial stake in the matter.

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 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.

What Leads to Probate & Trust Litigation?

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 often come to fruition upon the death of a loved one, leading to intense emotional battles and probate court battles that leave everyone involved exhausted.

In a situation involving a contested will or trust, it is important to understand your rights and remedies, and the potential ramifications so that you can protect your interests.

Even if the will or trust contains an “in terrorem” or a 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 Bolinger Law Firm probate litigation attorney to provide you with advice and representation regarding your specific issue.

Trust Administration & Disputes

A will or trust contestant must be an "interested" party. This means the person 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.

The administration of a trust can also lead to complicated legal issues dealing with the validity of the trust, beneficiary disputes, administration disputes, breaches of fiduciary duty, fraud, commingling of funds, and imprudent investments.

At Bolinger Law Firm, our trust litigation and probate attorney will carefully listen to your concerns and proceed in a swift manner to protect your best interests, whether you are the beneficiary or the trustee. Our goal is to ensure proper administration of the trust assets while preserving each party’s rights and duties.

Estate Planning & Trust Administration

Estate planning, probate, and trust administration are all in our basket of specialties. When someone you love dies and you feel you are not being treated fairly, it’s important to hire an attorney who not only listens with compassion, but one who knows the local, state, and federal legal system and laws to best represent you and your rights.

It’s an unpleasant topic, but family rifts exist. If you are dealing with the stress of family issues and worry what may happen at the time of a loved one’s death, you’re not alone.

We are here to help you sort through the legalities and relieve the tension of estate arguments by keeping each step of the process straightforward.

It’s our mission to make this difficult time a little bit easier by providing peace of mind and strong advocacy.

Free Consultation

Don’t let a contested estate issue take over your life. Whether you are facing a contentious dispute among loved ones in regard to a trust, will, or estate administration, or you want to be prepared with information as to your legal rights, contact us today for your free appointment.

We can guide you through the process so you can grieve your loved one without additional heartache, 636-386-8322.