Wills and trusts, when implemented effectively, are powerful and useful tools for managing assets and determining their futures. When drafted poorly, they can prove to be a nightmare for intended heirs, beneficiaries and others who have a stake in the apportionment of an asset.
Johnson, Johnson, & Nolan, Attorneys at Law, in Belleville, Illinois, put considerable effort into the wills, trusts and other estate planning documents we prepare for our loyal clients in St. Clair County and surrounding areas. However, we also prove our worth when such documents are ill conceived or executed in a fraudulent manner.
If you have questions about a will or a trust and are considering challenging one in court, contact our experienced inheritance dispute lawyers today.
Sound Advice When Contesting an Estate Plan
Estate plans are only as good as the words that define them and the circumstances that surround them. If a will, trust, guardianship or conservatorship is vague, contradictory, or was executed with fraudulent intent, an interested party can challenge it in court on a variety of grounds, including:
Mental incapacity: If a change to an estate document was enacted after the owner became mentally incapacitated, it may be vulnerable to a court challenge.
Undue influence: If a court determines that an estate document was altered on the owner’s behalf due to undue influence or pressure from a potential beneficiary – such as an administrator, personal representative, trustee, executor, or caregiver – the alteration could be overturned.
Breach of fiduciary duty/theft: If an administrator spends money from an estate or trust without permission, that person can be held liable.
Fraud: If a party defrauds an estate or its beneficiaries through misrepresentations, it is possible to seek compensation and punishment in court.
Experienced Belleville Estate Litigation Attorneys
At Johnson, Johnson, & Nolan, Attorneys at Law, our attorneys have represented clients for five generations on financial matters. If you are involved in an inheritance struggle, a trustee dispute, or a seek clarification concerning an estate document, we can help.
Likewise, we can assist in matters of contested:
- Actions of personal representatives and other administrative agents.
Given sufficient evidence, our attorneys can petition for the removal of the administrating agent, seek to restore an estate or trust to its originally intended purpose, and pursue relevant penalties, if necessary.