Nationwide Trust Contest Lawyer
Will & Trust Litigation Attorneys
In order to ensure that property gets divided as it should upon a person's
death, individuals typically enter into Wills or living trusts. While
these legal documents can be highly beneficial in easing the process of
property distribution, they can often be cause for much distress. It is
not uncommon for beneficiaries or other interested parties to be surprised
at the contents of the Will, and therefore become suspicious as to its
validity. You may be wondering if your loved one was manipulated or coerced
into changing their Will or if mental incapacity prevented the Will from
accurately reflecting the testator's wishes. Whatever your circumstance,
our firm may be able to help you present the clear and convincing evidence
necessary to contest a Will.
If your loved one recently passed and their Will was unexpected or suspicious,
then Domina Law Group is the firm for you. We have helped to both set
aside and defend Wills for our clients so that the beneficiaries can get
what is rightfully due them. Some of the cases we have handled have included
execution of Wills on death beds, Wills that were signed in unusual or
suspicious places, Wills or living trusts where people were unnaturally
omitted, Wills that were not consistent with the testator's pattern
of behavior and Wills that were drafted by lawyers who were selected by
the unexpected beneficiary. Our experience and success with a wide variety
of cases is something to take confidence in.
You can trust Domina Law Group.
Reasons a Will Might Be Contested
There are many reasons why a person may contest a Will or trust. One of
the main reasons Wills are called into question is the mental soundness
of the testator. If it can be proven that the testator was
not mentally capable to make decisions at the time the Will was executed, then a contest can
be successful. Testators are typically old of age and may suffer from
senility, dementia or another type of mental illness that can impair their
judgment. A Will can only be valid if the testator was of testamentary
capacity at the time the Will was executed.
Undue influence is another reason why a Will may be contested. Similar to fraud, undue
influence is the coercion or deception of the testator. An individual
might deceive a testator so that the Will is executed in their favor.
Any lying, false friendship or concealment of information can constitute
undue influence. The presence of a subsequent Will may also have been
cause for controversy upon the death of your loved one. If a second Will
is found, then it may change or completely revoke any previous Wills.
A Will can also be contested if it was not executed properly. Nebraska
has strict formalities that must be met in order for a Will to be valid,
but even those Wills that pass the initial statutory requirements may
be contested in some cases. Our firm is intensely familiar with Nebraska's
requirements for Wills. We can use our knowledge and trial experience
to benefit you if you believe you were wronged.
Trial, Arbitration & Mediation Services
Will contests are commonly tried by jury, particularly those ones that
call the testamentary capacity of the testator into question or involve
issues of undue influence. For this reason, you need an attorney who has
extensive trial experience. Domina Law Group has
brought more than 300 trials to verdict and has also argued more than 260
state and federal appeals. Many firms talk about their knowledge of trial by jury, but few firms
actually execute. There are also alternatives to trial, and your case
may be best handled by way of mediation or arbitration. Mediation sessions
take place outside of court and involve disputing parties attempting to
resolve an issue by way of a neutral third party (mediator). Arbitration
is a legal procedure that produces a legally binding outcome. There are
advantages and disadvantages to all three avenues of dispute resolution.
Domina Law Group is well-equipped to offer all of these services, so speak
with us to see which method is right for you.
Contact Domina Law Group pc llo today!
The firm is led by David A. Domina, who won multi-million dollar jury verdicts
before he reached the age of 25. Mr. Domina has accomplished much in his
legal career. He received an
AV® Preeminent™ rating from Martindale-Hubbel®, was named a
for the years 2007, 2009, 2011 and 2012 and is also the
only attorney in the United States to have won a billion dollar civil case
as well as capital murder acquittals. When Mr. Domina and the rest of the firm are called upon to represent
clients in Will contest cases, they deliver a high quality service that
At Domina Law Group, we do things differently. We strongly believe in assisting
those who have been taken advantage of so that they can get justice. Since
the firm's inception in 1975, we have been handling each case uniquely
so that we can get the optimum results for clients. You have a completely
unique issue on your hands, which necessitates a completely unique legal
solution. Our firm's experience, knowledge and passion are unparalleled.
If live in Nebraska and you're ready to contest a Will or living trust,
then we encourage you to
contact our office as soon as possible for a free evaluation of your case and to discuss