The loss of a loved one is unavoidably a stressful and
emotional event, and that stress and emotion is compounded when disputes arise
in the handling of the loved one’s property. Even if the decedent had the
foresight to prepare a will or trust, that doesn’t necessarily mean their
estate will be administered smoothly and in full compliance with their last
wishes.
In most will contests, the attorney who assisted the decedent
with their estate planning becomes a witness, who will likely be called upon to
testify to the mental capacity of the decedent at the time the will or trust
was made, and whether the estate plan accurately reflects the wishes expressed
by the decedent. This often precludes the estate planning attorney from
actively representing any of the parties to a will contest in their individual
capacity.
Doran, Beam & Farrell has experience representing
parties on all sides of probate litigation – whether it’s representing an
aggrieved beneficiary who is challenging the validity of a will or trust,
defending an estate from attack by an outsider who attempts to nullify the
decedent’s estate plan, or any number of other disagreements over a decedent’s
property.