Aggressively Pursuing Your Rights During A Will Contest
Sometimes after a loved one passes away, beneficiaries of the estate become involved in a dispute over the distribution of assets under a will, known as a “will contest.” Whether you are the executor, administrator or personal representative, or you are an heir or potential heir challenging the will, you want a lawyer who understands the law and process.
Skilled Legal Assistance With Will Contests In Oregon And Washington
The attorneys at Case & Dusterhoff, LLP, will protect your rights in litigation involving a challenge to a will. We handle claims involving challenging the validity of a will for several reasons including:
- Lack of capacity by the deceased. Litigation may be appropriate if it can be proven that the person executing the will was not of sound mind at the time the will or codicil (an amendment to a will) was executed. A person may lack capacity because of age, mental illness or injury, dementia or Alzheimer’s, serious or increasing medical problems, or the influence of drugs or alcohol. If the will is held to be invalid, a prior will may go into effect. If there are no valid prior wills, the property will generally pass to heirs under state laws. If there are no heirs, the estate will go to the State.
- Fraud, misrepresentation, undue influence or duress. Litigation may be appropriate if it can be proven that the decedent included provisions in the will because of fraud, misrepresentation, undue influence or duress by anyone, including a friend, family member, health care provider or other person. Such a showing may invalidate a will.
- Lack of proper formalities. To be valid, a will must meet the requirements of any state law. Any violation of the state statutes governing wills may be grounds to void the will.
Call Today For A Free Initial Phone Consultation
At the Beaverton law firm of Case & Dusterhoff, LLP, our attorneys have more than 100 years of combined legal experience handling claims for families and individuals throughout Oregon. Call us at 503-607-8218 or toll free at 800-658-0167 to schedule a consultation. You may also contact us online.