Newport Estate Planning and Probate Lawyer
Questions about Contesting a Will or Living Trust?
Effective estate planning can prevent months and even years of distress for your family in the future. At the law office of Hans M. Tinkler, Attorney & Counselor at Law, PLLC, we guide clients through estate planning in the creation of living trusts, pour-over wills and other tools that avoid future confusion and conflict. However, we also serve the needs of clients in the midst of a probate dispute.
If you have questions about how to contest a living trust or will or if you require experienced representation to enforce the terms of a contested will, we can help. We offer the experience of larger law firms while providing the personal service of smaller firms. To discuss your specific situation with a skilled estate planning and probate attorney, contact us online or by calling 859-809-4131 and schedule your initial consultation. We help individuals and families in Newport, Fort Thomas and throughout northern Kentucky.
Contest a Will
Will contests frequently arise when an heir has been disinherited or when there have been surprising changes to the will. Wills must be proved valid by the probate court before the process of administering the estate can move forward. All potential heirs are notified of the death and court proceedings, whether they are named as a beneficiary in the will or not. This makes the process of contesting a will simpler than contesting a living trust. Once an heir contests the validity of the will, the entire process comes to a halt until the court makes a decision. A will can be contested due to the following:
- Duress: The person was under duress when signing the will
- Incapacity: The person lacked the mental capacity necessary when the will was signed
- Fraud: The will or codicil (amendment to the will) being administered was forged or otherwise created outside of the person's true intentions
Hans M. Tinkler represents clients on both sides of will contests.
Contest a Living Trust
A living trust is much more difficult to contest than a will. To contest a living trust, an individual must file a lawsuit against each of the beneficiaries. However, even if the living trust is contested, assets can still be distributed to beneficiaries before the matter is resolved. Living trust disputes may arise from disputes over property that should or should not have been included in the trust or about sudden changes to the designation of a successor trustee of the trust just before the individual's death. Living trust disputes are difficult to succeed in mainly because it must be proved that the trust was invalid not only the day it was created, but every day after it was created. If modifications to the living trust designations are being contested, it must be provided that the individual was coerced or lacked capacity at the time changes were made as well as any time after the changes were made.
Contact Us for Representation in Northern Kentucky
Hans M. Tinkler, Attorney & Counselor at Law, provides steady legal counsel to clients on either side of living trust and will disputes. After an initial consultation, he gives an honest assessment of the chances for success in the dispute so that clients can make an informed decision of how to proceed.
We offer a flexible appointment schedule to meet your needs, offering evening and weekend appointments when necessary. Contact us online or call 859-809-4131 to schedule your initial appointment with estate planning and probate litigation attorney Hans M. Tinkler.
