Contesting a Trust or Will
A contest to a Will or trust can be pursued by any "interested party."
Those who may qualify are the deceased's spouse, children, beneficiaries,
other kin or creditors. If a Will negatively affects your rights, then
you may be able to contest. In order to do so, the Will must be offered
for probate. At this point, the contestants will be met with strict deadlines
that must be met if they want their contest to be considered. A will can
be contested on three grounds: the formalities required to execute the
Will were not met, the Will maker was not mentally capable of doing so
or the Will maker was manipulated by "undue influence." These
are all fairly broad categories. If a Will was not executed correctly,
then it may be contested. Click on the links below to read in more detail
the reasons for Will and trust contestation.
Grounds to Dispute a Will or Trust
There are a few scenarios which may qualify you to contest a Will. If the
Will was not executed within the strict requirements of the State of Nebraska,
then you may be able to legally dispute how the estate was administered.
In order to execute a Will, an individual must be of "sound mind."
There are some instances where an individual does not have the mental
capacity necessary to execute a will, but do so anyway. For a Will to
be considered valid, it must be proved that the testator (Will maker)
knew the nature of their acts, knew the extent of their property, knew
the proposed disposition of their property and also knew the natural objects
of their bounty.
Fraud or Undue Influence
A Will is called such because it is supposed to reflect the desires of
the one making it. For this reason, a Will can be contested if there was
believed fraud or undue influence over the testator. It happens in some
cases that an individual attempts to manipulate the Will in their own
favor, so they overrule the decisions of the testator.
There are strict rules in place in order to make the execution of a Will
legitimate. Except for holographic wills, a will is required to be in
writing and signed by the testator. If it cannot be signed by the testator,
then someone acting on their behalf may sign. In Nebraska, Wills may be
considered valid even if there were no witnesses. If a Will was executed
improperly, it may be contested.
If a Will was made subsequent to another Will, the first one will may
not be considered valid. In many cases, a second Will proves to be highly
similar to the first. In these cases, only the inconsistencies in the
first Will can be revoked. If a subsequent Will is entirely inconsistent
with the first, then the first one will likely be revoked entirely.
Is an improperly executed Will or Trust affecting your rights?
At Domina Law Group, we know the intricacies of Will contestation and frequently
assist clients in getting the justice that they deserve. It is not uncommon
for these issues to go to trial, which is why it is essential to have
our firm on your side. With more than 300 successful jury trials under
our belts and more than 260 state and federal appeals argued, our trial
experience is something to be confident in. Since 1975, our firm has been
providing legal assistance to those faced with complex Will and trust
matters. A Will is your way to get what is rightfully due you after a
loved one has passed. Whether in court, mediation or arbitration, you
can count on our firm's knowledge and experience to work in your favor.
Take the next step and
contact us today!