By Kent Berk on March 8th, 2013 in
If you believe that you have been wrongfully cut out of a will or a trust, there are things you can do. Here is a sample of some of the claims you can investigate and pursue:
- Authenticity of the Will, Trust or amendment: If the Will, Trust or amendment eliminating you was not actually signed by the person, you may be able to pursue a challenge.
- Testamentary Capacity: If the person did not have mental capacity to understand what he/she was doing in signing the Will, Trust or amendment, it may be cancelled and disregarded.
- Undue Influence: If the person was unduly influenced in signing the Will, Trust or amendment, it may be set-aside by the Court.
- Presumption of Undue Influence: If another person who was a family member or otherwise had a position of trust or confidence to the person signing the document and the other person was instrumental in having the document signed and benefited by the document, a presumption of undue influence may arise. If so, the other person will have the burden of showing that the document was validly signed.
Again, these are just some of the grounds on which you may be able to challenge an estate plan document if you believe you have been wrongfully or inadvertently omitted. Our probate attorneys handle virtually all types of will, trust, estate, property and inheritance disputes and litigation. Call the Scottsdale, Arizona probate lawyers at Berk Law Group, P.C. for more information and to discuss your situation.