Why You Need an Attorney During Estate Litigation After a Loved One Passes

Estate Planning Lawyer Memphis, TN

Estate litigation often involves disagreements between family members of the testator regarding legitimacy, or what is included in the will. An attorney understands just how painful this can be, especially when family members are trying to grieve the loss of their loved one. They will do what they can to answer any questions you have, and represent you during the case if needed.

Here are just a few examples of the types of questions estate planning attorneys hear during consultations with clients regarding estate litigation:

What does it mean for someone to have the mental capacity to write a will?

A person who creates a will must be aware of the extent of their assets and be able to identify beneficiaries. A family member that believes the testator was not of sound mind when he or she wrote the will, may come forward to request estate litigation.

If the testator had a mental illness, is that the same as mental incapacity?

If a person has a mental illness, this does not necessarily mean they are not able to make sound decisions. A testator that has been diagnosed with depression, anxiety, paranoia or another type of mental illness, may still have the ability to write a valid will to carry on their legacy to loved ones.

Why may the validity of a will be questioned?

Estate litigation may happen for multiple reasons. A relative of the deceased who thought they would receive a portion of the estate, but came to find out he or she did not after all, may contest a will out of pure spite of being left out. The will may be questioned if there were no witnesses present when the document was signed, or if a family member worries that coercion may have been a factor.

What does it mean if a testator was coerced in regards to their will?

The testator may have been pressured by another party to write certain things into the will, so that the coercer can receive a portion of the assets they desire. Those who are particularly susceptible to coercion are those of elderly age, are easily manipulated, or have a disability.

What if the will executor is not following the wishes of the testator?

Beneficiaries and loved ones of the deceased may come forward to report that the appointed executor has been negligent with the estate. The executor may be failing to abide by the testator’s written wishes, withholding rightful assets designated to certain beneficiaries, or otherwise acting in a manner that is for one’s own benefit.

Please reach out to Patterson Bray today to book your consultation with an estate planning lawyer Memphis, TN trusts so that they can assist during your healing process to make estate litigation a little bit easier.