Estate & Trust Litigation Lawyer in Fayetteville

When an individual dies, they leave the assets accrued over a lifetime behind—their estate. The individual may have created a will or trust, but legal disputes can arise even if their wishes appear clear. These cases require exceptional legal skills to bring about a fair resolution.

3 women sitting at table looking at papers

Estate and Trust Disputes in Fayetteville

The types of disputes that can arise regarding an estate or trust will need to be resolved in probate court. A family member may dispute the validity of a trust or will, how the assets in the trust were managed, how assets were distributed to the beneficiaries or a range of other issues that could arise amongst family members. These include the following:

Contested Will

One party may challenge the validity of a will. The process involves filing an objection with the court, a legal challenge that seeks to have the will modified or, in some cases, declared invalid altogether. The types of will contests that may be filed with the court include accusations of:

Undue Influence

In this situation, a party uses pressure on the testator (the will’s creator), exploits trust, or uses fear, manipulation, or other tactics to change or write a will to their benefit. The party accused of undue influence could be a family member, caregiver, friend, or associate who benefited through these actions.

Will Forgery

A will could be forged, and when challenged in court and the act of forgery proven, the document will not be valid.

Fraud

Will fraud involves creating, altering, or using a will intending to deceive and unjustly benefit from the deceased’s estate. The actions may be forging a signature, changing an existing will without authorization, or coercing the testator into signing a will under false pretenses.

Invalid Will Execution

A will in Arkansas must be executed correctly. The requirements include the will being in writing, signed by the testator, and witnessed by two competent individuals who are not beneficiaries. Issues that may arise regarding will execution include lack of witnesses, improper signature, or other problems.

Will Revocation

A will may have been revoked by the testator, who created a new version of the will. This situation may result in a court challenge in which one party has relied on the original will and had expected certain assets or other benefits upon the testator’s death.

Lack of Testamentary Capacity

When an individual (the testator) lacks the mental ability to understand and execute a valid will, the will contest may involve a “lack of testamentary capacity.” For any will to be legally binding, the testator must have the ability to fully understand the nature and extent of their estate and the implications of their decisions. These cases may involve testators who suffer from a mental illness, dementia, intoxication, or severe cognitive impairments.

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Trust Litigation Lawyer in Fayetteville

Trust litigation involves a legal dispute surrounding a trust, which may be any of the following:

Breach of Fiduciary Duty: The trustee must act in the best interests of the trust’s beneficiaries. This issue may require litigation if the trust’s assets were poorly managed or it is believed the trustee engaged in self-dealing.
Disputes Regarding Trust Terms: The interpretation of the provisions of a trust may be disputed.
Disputes on Trust Validity: These matters may involve undue influence, fraud, lack of capacity, or issues regarding improper trust execution
Accounting Issues: Disputes may arise involving the accuracy of a trust’s accounting or reporting on the assets in the trust.
Modification of Trust Terms: Trust litigation may be related to legal actions taken to amend or dissolve a trust, trustee misconduct, or the fulfillment of the purpose of the trust.

Why Choose McMath Woods for Estate & Trust Litigation Fayetteville?

Estate matters can be among the most stressful legal issues involving families, particularly in high-value estates. These matters must be managed by an estate and trust litigation attorney who brings extensive knowledge and experience to the table. At McMath Woods, you can expect top-tier legal representation in these vital legal matters.