When Do You Need a Probate Litigation Attorney?
Probate litigation arises when there are disputes over the distribution of assets in a deceased person’s estate. It often involves challenges to the validity of a will or the appointment of personal representatives.
If you're a beneficiary or personal representative facing challenges or disputes in the probate process, it's crucial to have an experienced estate and trust litigation attorney by your side. Your lawyer will protect your interests and oversee the proper administration of the estate.
Montana Will Contest Cases
Will contests in Montana occur when someone challenges the validity of a will. Some common reasons for contesting a will include:
- Improper Execution. A will may be contested if it wasn't properly executed according to Montana law. For example, the will might not have been signed in the presence of the required number of witnesses.
- Lack of Capacity. This refers to the mental state of the person who created the will, also known as the testator. A will can be contested if the testator doesn't have the mental capacity to understand the nature and extent of their property, the people who are the natural objects of their bounty, or the legal effect of signing the will.
- Coercion or Duress. Discovering that the testator was pressured or coerced into making the will or including certain provisions can also be grounds for contesting a will.
- Fraud. Fraud occurs when the testator is deceived about the contents of the will or the circumstances surrounding its creation.
Experienced Montana Trust and Estate Litigation Attorneys
A trust contest is similar to a will contest but involves challenging the validity of a trust. Some of the reasons one might contest a trust include the incapacity of the trustor, manipulation or coercion, fraudulent creation, or breach of trust by the trustee.
If you're a beneficiary, heir, or other interested party who believes a trust isn't valid or being administered correctly, seek legal advice from an experienced Montana trust contest attorney as soon as possible.