When a loved one passes away, their will is meant to provide clear instructions for distributing their assets. Unfortunately, disputes sometimes arise among family members or other beneficiaries who question the validity of the document. Two of the most common reasons for challenging a will are allegations of improper execution and claims of undue influence. In these situations, our Dillon, MT probate litigation lawyer plays a critical role in protecting your rights and guiding you through a complex legal process.
Understanding Will Contests
A will contest is a formal challenge to the validity of a will filed during the probate process. Common grounds for a contest include lack of testamentary capacity (meaning the person did not fully understand what they were signing), fraud, improper execution, or undue influence. These disputes often involve high emotions, as family members may disagree over what the deceased truly intended. Our probate litigation lawyer carefully examines the facts, relevant state laws, and all available evidence to determine whether a challenge is legally justified.
Investigating Undue Influence
Undue influence occurs when someone pressures or manipulates the person making the will—called the testator—into making decisions they would not have made freely. This can involve subtle tactics, such as isolating the testator from other family members, controlling their finances, or exploiting their reliance on a caregiver. Because undue influence is often hidden, proving it requires a detailed and strategic approach.
Our probate litigation lawyers gather evidence by reviewing medical records, interviewing witnesses, and analyzing patterns of behavior. They may look for sudden changes to the will, unusual bequests to non-family members, or circumstances where the influencer had access to the testator during a vulnerable time. Expert testimony, such as from medical professionals or handwriting experts, can strengthen the case.
Building A Strong Legal Strategy
Once a will contest or undue influence claim is filed, our probate litigation lawyer develops a tailored strategy. This might include filing motions with the probate court, conducting depositions, and presenting evidence to support or defend the validity of the will. If you are contesting the will, your attorney must show clear evidence of wrongdoing. If you are defending the will, your lawyer will focus on demonstrating that the document accurately reflects the decedent’s wishes and was properly executed.
Because probate laws vary by state, an experienced lawyer ensures all procedural requirements—such as filing deadlines and notice to interested parties—are met. Missing these steps can jeopardize the case.
Negotiation And Mediation
Many probate disputes are resolved outside the courtroom. Our skilled probate litigation lawyer can often negotiate a settlement that respects the decedent’s intentions while addressing the concerns of the disputing parties. Mediation offers a less adversarial approach and can save time, money, and emotional strain. If settlement isn’t possible, your lawyer is prepared to present a compelling case at trial.
Protecting Your Rights
Will contests and undue influence claims are emotionally charged and legally complex. Whether you believe a loved one’s will was compromised or you need to defend a valid will, our probate litigation lawyer provides critical guidance and advocacy.
If you are facing a probate dispute, don’t navigate it alone. Contact our experienced probate litigation team today to schedule a consultation. At Silverman Law Office, PLLC, we are here to help you.