Don't Face the Probate Process Alone
What is a will contest? If you were named as a beneficiary in a person's previous will or would be the rightful heir if a person's will is struck down, you may have standing to challenge the admission of a will to probate. In this case you need a Fairfield County probate litigation attorney who can stand up for your rights in probate court.
Connecticut requires that wills be executed in a very specific way with the correct number of witnesses. Connecticut law also requires that the person executing the will have the required testamentary capacity to understand what they are doing.
Will Disputes & Probate Litigation
Probate litigation is the process of challenging a provision of the Last Will and Testament, the appointment of the personal representative, or the contents of the Last Will and Testament as a whole. The facts of each dispute will determine the proper course of action such as lack of mental capacity or undue influence on the part of a family member. At Bayer & Black, P.C. we excel in protecting your interests when a Will is being challenged in part or in whole.
Even if a person has the proper testamentary capacity they can still be unduly influenced by people who have control over them or some type of emotional influence over them. If you are concerned that a loved one was tricked or influenced illegally to sign a will, contact us today. Other types of probate litigation are fighting against a proposed Conservator, or objecting to accountings by a Conservator or Power of Attorney.
What is probate litigation?
Probate litigation can be a complex and frustrating process, especially after the passing of a loved one. When a person contests a will, it is considered probate litigation. Though this process is hardly pleasant, it is often necessary to ensure that the probate process is fair for everyone involved.
Wills are usually contested on any of the following grounds:
- Some beneficiaries are not given an inventory of the property
- Claims of undue influence
- One of the beneficiaries enjoying the full benefits
- Differences of opinion over guardianships and conservatorships
- One of the beneficiaries failing to do his or her fiduciary duties
- Detail about the creditors undisclosed
- Dispute as to who can take over as the personal representative
Even if a valid claim for contest exists, the probate court will not proceed with the case if it exceeds the time limit. Seeking legal counsel from Bayer & Black, P.C. right away is therefore highly recommended.
You Need Our Experienced Counsel
Many estate plans feature a no contest clause which is designed to prevent unhappy beneficiaries from challenging the plan. If a beneficiary does not take proper steps in challenging challenging an estate plan, they could trigger the plan's no contest clause. This could have disastrous consequences for themselves and their children, even leading to their exclusion from the will.
Navigating your way through litigation can be difficult and you need to understand the potential consequences and drawbacks of filing an action in probate court. Our comprehensive knowledge enables our lawyers to analyze the larger picture and predict future potential problems while creating effective solutions for your current issues. Work with our legal team to avoid costly mistakes in the probate process.
Consult a Probate Attorney from Bayer & Black, P.C.
Our senior citizens and those among us who are nearing the end of their life due to injury, illness or some other reason need to be protected from predators who would take advantage of that situation at the expense of the rightful beneficiaries.
Our co-lead attorney Kevin M. Black has over 15 years of experience and a Superb rating from Avvo, the highest grade attainable. At Bayer & Black, P.C. our attorneys have fought and won these cases for our clients time after time. Begin by filling out a free case evaluation!
Want to talk with our firm? Call Bayer & Black, P.C. now to set up a consult.