Contest Or Defend A Will Or Trust In South Dakota
What happens if a loved one’s will or trust is the product of undue influence or diminished capacity? What if the document does not adhere to South Dakota or Iowa law? What if you believe that the will or trust was not executed properly?
Knowing what to do in such situations can be confusing. Even understanding what your rights are might be difficult. That’s why it is critical that you contact our law firm. Our attorneys at Northern Plains Justice, LLP, can carefully explain the legal options available to you.
Estate Litigation Cases Are Often Complicated
A will contest may come to light when someone claims that the will was created or signed through undue influence. In other words, they may say that the decedent was pressured to assign assets to certain beneficiaries. The executor or a beneficiary may be accused of unduly influencing the signer of the will.
You may know that a family member or friend did not act voluntarily when creating or modifying a will or trust. It may be clear to you that your loved one was not of sound mind when establishing the estate plan. Ask one of our lawyers at Northern Plains Justice, LLP, to review the facts and help determine whether undue influence likely occurred.
Proving undue influence or diminished capacity can be a challenge. You may need to obtain medical records and other documents to make your case. That’s why it’s so important to contact our Sioux Falls law firm. Our team knows how to gather and review the necessary evidence to successfully contest a will or trust.
Types Of Estate Litigation Cases
Our attorneys strongly encourage you to schedule an appointment with them if you are dealing with any of the following legal matters:
- Contested will
- Contested estate
- Improperly executed will or trust
- Forged documents
- Breach of fiduciary duty
Our lawyers are here to help you discover the truth and respond accordingly.
Reasons To Contest A Will Or Trust
We provide sound legal counsel for clients who need to contest a will or trust (also called a last will and testament) for any number of reasons. These include the following, below.
Undue Influence
If someone pressured a loved one to draft a will or change it, you could have grounds to legally contest the will.
Unsound Mind
You might have a legitimate “lack of capacity” or “diminished capacity” case if your loved one was of unsound mind when drafting or changing the will. Common examples of an unsound mind include people suffering from Alzheimer’s disease, dementia or senility.
Forged Wills
Someone claims the will in question was written by someone else, and the signature was forged on the document. Or, perhaps the will was amended without the knowledge of the person who wrote it.
Invalid Signatures
In order for a will to be valid, it must be signed by several people, including witnesses and the person who created the will. If those signatures were forged, someone can contest the will on the grounds of “lack of valid execution” of it.
Lack Of Approval
If the person signing the will did not know that the document was a will, it could be declared invalid. Proving such claims can be difficult, which is why you should contact us.
Professional Negligence
If the attorney who drafted the will made a mistake, then the will could be contested. The negligence may be due to clerical errors or may be a result of incompetence and a lack of understanding of estate planning law.
How Our Sioux Falls Estate Litigation Attorneys Can Help
Our lawyers understand how emotionally charged an inheritance dispute case or probate matter can be for families. That’s why they provide personal attention and take the time to understand your needs.
They can take action to protect your legal rights and your assets by contesting wills or defending against claims regarding:
- Fraud
- Forged documents
- Breach of fiduciary duty
- Lack of approval
- Professional negligence
- Undue influence
- Invalid signatures
- Unsound mind
Many lawyers avoid complicated legal battles to contest wills and trusts. Our attorneys thrive on them. That’s because they understand just how important such cases can be for everyone involved.
Get Help To Protect Your Interests In A Dispute
Get in touch with us online or call 605-644-5003 right away to find out how our team can help you honor a loved one’s estate even in the face of a will contest or any type of estate litigation.