Wills and trusts allow someone to decide how their hard-earned assets and property will be distributed to beneficiaries after they pass away. While a comprehensive estate plan is often highly effective with no problems, in some cases, one or more parties may dispute an aspect of the will or trust, or disagree with the actions of an executor or trustee. These contests and disputes can be highly sensitive and difficult to prove, though there can be a lot at stake if you are not successful. Fortunately, the estate planning litigation lawyers of Randick O’Dea & Tooliatos, LLP, are ready to help.
Common Will and Trust Contests
Not everyone is in a position to create a valid will or trust. Under certain circumstances, the court can declare a provision or the entire will or trust document invalid. When certain terms of do not seem right, it may be worth it to question whether you should bring a will contest. Such circumstances include when a testator amends their will or trust to leave large distributions to unexpected individuals or disinherits those expected to be beneficiaries. Will and trust contests are often based on the following:
- Lack of testamentary capacity
- Undue influence
- Fraud or coercion
Executor and Trustee Disputes
In some situations, the executor of a will or the successor trustee of a trust may act in a negligent or wrongful manner that harms beneficiaries. This can include self-serving acts, failing to keep beneficiaries notified, waste of estate or trust assets, and more.
Contact Our Pleasanton Litigation Lawyers for More Information
The law firm of Randick O’Dea & Tooliatos, LLP, handles all types of will and trust contests and litigation in the Tri-Valley and Bay area. Please call us at 925.460.3700 or contact us online to discuss any concerns you may have.