What happens if a loved one’s will or trust is the product of undue influence or diminished capacity? What if the document does not adhere to South Dakota or Iowa law? What if you believe the will or trust was not executed properly?
Estate litigation arises when a will or trust is challenged because of undue influence, diminished mental capacity, improper execution, or a failure to follow South Dakota or Iowa law. These disputes can be confusing and emotionally difficult, which is why it's critical to understand your legal options early.
Estate litigation cases are often complicated. You may need to challenge a document because the person who created it had a mental impairment, was coerced by another party, or because the executor or beneficiary exerted undue influence. Proving these claims typically requires medical records and other supporting documentation — our attorneys know how to gather and review this evidence effectively.
We provide sound legal counsel for clients who need to contest a will, trust, living will, or other testamentary document. Common reasons include:
If someone pressured a loved one to draft or change a will, you may have grounds to legally contest it.
You may have a legitimate lack-of-capacity case if your loved one was of unsound mind when drafting or changing the will — for example, due to Alzheimer's, dementia, or senility.
A will may be contested if the signature was forged, if it was written by someone other than the stated author, or if it was amended without the knowledge of the person who wrote it.
A valid will requires proper signatures from the person who created it and the required witnesses. Forged or missing signatures can be grounds to contest a will for lack of valid execution.
If the person signing the will did not know the document was a will, it could be declared invalid. These claims can be difficult to prove, which is why experienced legal guidance matters.
If the attorney who drafted the will made a clerical error or lacked a proper understanding of estate planning law, the will could be contested on that basis.
We understand how emotionally charged inheritance disputes can be for families. We provide personal attention, take the time to understand your needs, and work to protect your legal rights and assets by:
Many lawyers avoid complicated will and trust litigation. We don't. Contact our law firm today to find out how we can help.
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