In a perfect world, all wills would be clearly drafted and interpreted; all trusts would be seamlessly implemented and administered as written; the rights of beneficiaries and the wishes of decedents would be understood and honored; and all parties would act in good faith.
In the real world, controversies do arise regarding wills and trusts because of ambiguities, competing interests or dishonest intentions that require the involvement of attorneys who are capable of resolving these matters through litigation in the court system or out of court settlements.
Whether the issue you are confronting involves undue influence, testamentary capacity, fraud, incompetence, conflict of interest, breach of fiduciary duty (self-serving conflict of interest), the attorneys of Freidin & Inglis can capably challenge the will or defend your interests in these complex and intense disputes.
If you suspect that a will or its execution does not reflect the wishes of the deceased, you have a right to challenge the proceedings in probate court. Or if you are a proponent of a will that is being challenged, you should be represented by someone who has experience in probate litigation. Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs. We are familiar with such cases and know exactly what kind of evidence is necessary to make a showing of undue influence or lack of capacity. If a caretaker or family member manipulated an unfair change in the will, that change can be invalidated. Conversely, if you have been unjustly accused of undue influence, our attorneys can defend you against those allegations.
We are prepared to pursue an efficient and decisive resolution to such conflicts, and we are sensitive to family dynamics and privacy concerns. We do not fan the flames when the costly and public spectacle of litigation can be avoided through a negotiated out-of-court solution.
Referrals from Estate Planning and Trust Attorneys
Many estate planning and trust attorneys are not litigators. When wills are challenged or allegations are made against a personal representative or trustee, we can work with the estate and trust attorneys to give the client the best possible representation.