A will is often the last communication from a decedent to their loved ones. Given the financial and emotional implications of a Will, it is not surprising that disputes arise among those left behind. In those situations, estate litigators may help families resolve issues outside of court and preserve family relationships.
Over the past three decades, the attorneys at Gaslowitz Frankel LLC have encountered estate disputes of almost every kind. Below are common causes of estate disputes and how qualified estate litigators can help to resolve them.
Common Causes of Estate Disputes
Estate disputes can arise even before a loved one has passed. A lack of communication at the time the estate plan is put in place may make it more likely that disputes arise later.
“As litigation attorneys, we frequently find ourselves in the role of educating our clients about their rights regarding the assets passed down by the older generation. We invest a significant amount of time in educating our clients about their rights and the dynamics of their family’s estate.”
Craig Frankel, Founding Partner, Gaslowitz Frankel LLC
A Will does not have to be “fair” to be valid and legally binding. Thus, the mere fact that a Will favors one child over another does not mean the Will should be held invalid.
How Estate Litigators Assist in Resolving Estate Disputes
Estate litigators can help beneficiaries and potential beneficiaries separate the facts from their emotions and make the best strategic decisions for themselves. Beneficiaries concerned that they have been “cheated” out of their fair share of an estate should consult counsel as soon as possible.
There may be several bases on which a potential beneficiary can challenge a Will. But there is generally a limited time in which such challenges can be brought. If you have reason to believe that a loved one’s Will is the result of undue influence or fraud, or that the testator lacked the requisite capacity to execute the Will, contact an estate litigator without delay.
Undue Influence
A claim that a testator was unduly influenced by another to execute their Will requires proof that the testator was subjected to the overwhelming influence of another and, as a result, the Will does not reflect the testator’s true desires. Undue influence cases largely rely on circumstantial evidence. Experienced estate litigators can be crucial to proving such claims.
Lack of Capacity
For claims asserting that the testator lacked the required level of mental capacity to execute the Will, evidence of mental illness, dementia, and drug and/or alcohol abuse will be needed. A good estate litigator knows how to obtain such evidence and use it to their clients’ best advantage.
Fraud or Executive Issues
A Will may also be deemed invalid due to fraud or improper execution. A Will might be considered fraudulent if the testator’s signature was forged, if they signed the Will under false pretenses, or if they were deceived in some way regarding the content of the Will.
A will that is not executed in the manner required by applicable law (which, in Georgia, generally means that the Will is in writing, signed by the testator in the presence of two witnesses, and signed by the witnesses in the presence of the testator) can be contested on the grounds that it was not validly executed.
Proving claims for invalid execution generally requires obtaining the testimony of the witnesses to the Will and the attorney who drafted the Will, among other things.
Estate litigators investigate their clients’ claims, gather evidence to support those claims, and obtain expert testimony to support those claims. The best estate litigators are not only effective at counseling their clients and gathering necessary evidence, but they also guide their clients through the litigation process with compassion and expertise.
About Gaslowitz Frankel LLC
At Gaslowitz Frankel LLC, we have the compassion and expertise to help beneficiaries understand their circumstances and make decisions to enhance their outcomes. Our team is also well-versed in handling client concerns, such as respecting the deceased’s wishes, seeking alternatives to prolonged litigation, and prioritizing the well-being of beneficiaries and their families.
We are committed to delivering our clients the best possible results. Take the first step toward resolving your claims by filling out our contact form to schedule a free consultation.
