Probate Litigation

Sometimes a will is signed by someone lacking the capacity to fully understand what they are doing.

A person may sign an instrument that tells us what is to be done with his property or assets after he passes away; this instrument is called a will and the person who signs it is called a testator. Sometimes a testator signs a will under duress, such as when a person close to the testator exerts undue influence over him, and convinces the testator to dispose of assets in a way that the other person wants. Sometimes a testator will sign a will when he lacks the capacity to fully understand what he is doing with his property. When you are faced with this unfortunate situation, and you have no choice but to mount a will contest—a lawsuit to challenge the improper will—BLF can help.

When a person gives property to someone else to hold for the benefit of a third party, that person has created a trust. Although the idea seems pretty simple, the document(s) created to establish the trust can be quite complicated. Whether you are the one who created the trust (the grantor, or settlor), or the one holding the property (the trustee), or the one for whose benefit the property is being held (the beneficiary), you may find yourself in a disagreement with the others over how the property is being handled. If it becomes necessary to bring the matter to court, allow BLF to file suit.