Estate Litigation Lawyers in Bucks County
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Legal battles over Wills, Trusts, and Estates are turning out to be more common these days. When families fight over an inheritance or the actions of an executor or personal representative, it can cause resentment and anger. Lawyers who handle these cases need to not only have a strong command of the law, but they need to be patient and understanding because the outcome of the case usually affects the entire family. Unfortunately, these cases are inevitable.
General Litigation Matters
The Martin Law Firm, P.C. has handled estate litigation cases for over 20 years. The law firm has experienced estate litigation attorneys in Bucks County who provide the following legal services:
- Litigation involving the interpretation of Wills and Trusts
- Representation in Will contest matters
- Evaluation and litigation of claims for undue influence
- Evaluation and litigation of claims involving a lack of mental capacity
- Assisting executors and trustees on handling other controversies and disputes
- Review or preparation of fiduciary accountings
- Representation in claims involving a spousal elective share
Interpretation of Wills and Trusts
The interpretation of wills and trusts involves understanding the intentions of the person who created the document (the testator or grantor) in order to give effect to their wishes. This process is crucial when the language of the will or trust is unclear, ambiguous, or when there is a dispute among beneficiaries. Courts and trustees aim to ascertain the true intent by considering the overall context, the specific wording used, and any extrinsic evidence, such as the testator’s statements or prior documents. In the case of a will, the court may apply rules of construction to ensure that the distribution of assets aligns with what the deceased intended, while in a trust, the trustee follows the instructions laid out by the grantor. The interpretation can be influenced by legal precedents, the nature of the property, and any potential changes in law or family circumstances that may affect the distribution. Ultimately, the goal is to honor the testator’s or grantor’s wishes while ensuring fairness and legal compliance.
Will Contests
A will contest is a legal challenge to the validity of a deceased person’s will, typically initiated by individuals who believe they have a rightful claim to the decedent’s estate but were either excluded or believe the will does not reflect the true intentions of the testator. Common grounds for contesting a will include allegations of lack of testamentary capacity, where the testator was not mentally competent at the time of signing the will; undue influence, where the testator was coerced or manipulated into making certain decisions; fraud, where the will was procured through deceitful means; or improper execution, such as failure to meet legal formalities. In a will contest, the burden of proof lies with the person challenging the will, who must provide evidence supporting their claims. If successful, the court may invalidate the contested will, potentially leading to the distribution of the estate according to an earlier valid will or state intestacy laws if no valid will exists. Will contests can be emotionally charged, time-consuming, and costly, often straining family relationships in the process. These matters require the expertise of an estate litigation lawyer in Bucks County.
Lack of Testamentary Capacity
In Pennsylvania, lack of testamentary capacity refers to a legal ground for contesting a will, asserting that the testator (the person who created the will) did not have the mental ability to understand the nature of their actions at the time the will was executed. To create a valid will in Pennsylvania, the testator must possess the mental capacity to:
- Understand the nature of the act: The testator must be aware that they are creating a will and understand its significance.
- Know the nature and extent of their property: The testator must have an understanding of the assets they own and how they wish to distribute them.
- Know the natural objects of their bounty: The testator should be aware of the people who would typically inherit their estate (such as family members or close friends) and their relationship with them.
- Be able to make a distribution plan: The testator must be able to make decisions regarding who should receive their property upon their death.
If someone challenges a will in Pennsylvania on the grounds of lack of testamentary capacity, they must provide evidence that the testator was mentally incompetent at the time the will was executed. This may involve medical records, testimony from witnesses, or expert testimony regarding the testator’s mental state. In Pennsylvania, a person is presumed to have testamentary capacity unless proven otherwise, so the burden of proof lies with the person contesting the will. If the court finds that the testator lacked capacity, the will may be invalidated, and the estate could be distributed according to a prior valid will or under Pennsylvania’s intestacy laws.
Undue Influence
Imagine someone trying to convince you to do something you do not really want to do, but they are not using physical force. They might be making use of their words, their relationship with you, or even the promise of a big reward so as to get you to agree. This is known as undue influence. To prove that someone used undue influence to get their way, three things need to be shown. First, the person being influenced must have a close relationship with the influencer. Second, the influencer must have gained something valuable from the situation. And third, the person being influenced must not be thinking clearly or making decisions on their own. If it can be proven that someone close to the person being influenced got something valuable out of it, and that person was not thinking clearly, then the burden of proof shifts to the influencer to show that they did not use undue influence.
Fraud
Fraud is intentional deception or misrepresentation that affects the creation of the Will. It is hard to prove fraud when it comes to arguing over someone’s Will because usually the only people who know about the fraud are the person who died and the person who committed the act. Examples of fraud in the context of Wills and Trusts include fraudulent inducement, fraudulent forgery, or fraudulent concealment. When fraud is alleged in relation to a will, the burden of proof is on the person contesting the will to provide evidence of fraudulent activity. If the court finds that a will was procured through fraud, it may be declared invalid, and the estate may be distributed according to an earlier valid will or under intestacy laws if no other valid will exists. Fraudulent actions not only invalidate a will but may also lead to civil or criminal penalties for the perpetrators involved
Breach of Fiduciary Duty
A fiduciary is someone who is trusted to take care of money or property of someone else. They have to be really careful and always do what is best for the person they are taking care of. If someone is in charge of carrying out a Will, managing an estate, or overseeing a Trust in Pennsylvania, they are considered a fiduciary. This means they have to make decisions that benefit the people who will inherit the money or property.
If someone believes a fiduciary has not been doing a good job, they can make a claim for breach of fiduciary duty with the help of a Bucks County estate litigation attorney. This usually means the person in charge made bad investments, did not manage the money or property well, did things that helped themselves more than the beneficiaries, or made other questionable choices. If these claims are proven true, the fiduciary could have to pay back money, lost profits, or even be replaced.
In order to defend against a claim of breach of fiduciary duty, the person in charge can show that they followed all the rules and did what the Will or Trust said they should do. For example, if there is a disagreement about how a trustee invested money, the judge will decide if those investments were smart based on all the information available.
Spousal Elective Share
In Pennsylvania, the spousal elective share is a legal claim by a surviving spouse to a portion of the deceased spouse’s estate, when the deceased spouse leaves the surviving spouse less than what the law provides. This law prevents a spouse from disinheriting the other spouse. Generally, the law allows the surviving spouse to claim one-third of certain assets of the deceased spouse. To claim the elective share, an estate litigation attorney should be consulted due to time constraints and formal requirements that must be strictly adhered to. When determining the amount of the elective share, it is necessary to look at each asset because some assets might not be included.
Estate Litigation Attorneys - The Martin Law Firm, P.C.
When it comes to dealing with wills, trusts, and estates, it is important to have an experienced Bucks County estate litigation lawyer who has experience with the legal nature of the dispute. The attorneys at the Martin Law Firm, P.C. will take the time to carefully review each case to assess the likelihood of success. Since lawsuits can take a long time and cost a lot of money, one should carefully consult with an estate litigation attorney in Bucks County, PA. If you need help with a legal matter involving wills, trusts, or estates, contact the Martin Law Firm a call at (215) 646-3980.
Please call (215) 646-3980 to schedule an appointment.
Practice Areas
Our legal team provides individualized legal solutions for our clients by offering high quality legal counsel and representation in diverse areas of law. Our attorneys regularly represent clients throughout Southeast Pennsylvania, including Montgomery County, Bucks County, Chester County, Delaware County, and Philadelphia County.
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