Even a comprehensive estate plan could be subject to litigation

| Oct 18, 2018 | trust litigation | 0 comments

A person in California can carefully execute a comprehensive estate plan, with the hopes of making it clear what their wishes are with regards to who will inherit what, as well as what end-of-life care they desire. Yet, no matter how detailed their estate plan is, once they pass on, there is always the potential for litigation. Grief aside, sometimes, an heir has a legitimate reason to contest a will or trust.

For example, they may believe the deceased was subject to fraud or undue influence when he or she executed the will or trust. This may be especially true if the person’s mental or physical health was declining, making them dependent on the care of others who may have taken advantage of their vulnerability. It could be argued that the deceased lacked the testamentary capacity to create a will or trust. Even suspected forgery could be a reason to contest a will or trust.

At The Cohen Law Office, P.C., we aim to resolve challenges in a way that keeps families together. By seeking a fair settlement out-of-court, it may be possible to avoid litigation, which could be costly both in time and money, not to mention emotionally. Of course, should litigation be necessary we will explain to our clients what their options are, and we will assist our clients in building a strong case, if that is what they decide to do.

The loss of a loved one is never easy. However, if one believes their loved one was taken advantage of when executing an estate plan, this will only add grief. Fortunately, there are steps one can take to address this situation. Our firm’s webpage on estate litigation may be a useful resource for those who want to explore this topic further.