How to Resolve Inheritance Disputes

estate planning lawyer

Inheritance disputes can arise for many reasons. The unexpected creditor can disrupt your inheritance. You and your relatives might have concerns about someone’s undue influence on an elderly loved one. Someone who dies without a will, or intestate, could cause you and other family members to make conflicting claims upon the estate. Carmel lawyers at Webster & Garino LLC will advise you on what options are available to deal with a creditor or initiate a Will Contest.  We understand the technical details and the emotional impact probate litigation can have on families.  An experienced probate attorney will go over your legal options and the likelihood of success, so you can make an informed decision on how best to resolve your inheritance dispute. 

 Ideally, a lawyer knowledgeable about estate planning and probate in Indiana can help the parties reach a fair agreement that prevents a lengthy court battle. We can help you assert your legal rights through negotiations to resolve your case without delay and cost that typically comes with litigation.  However, if an agreement cannot be reached, we have a proven track record of aggressively advocating our client’s interests in an inheritance dispute.

Verifying or Contesting a Will’s Validity

 Improper language, missing testator signature, lack of signatory witnesses, or suspicions that the testator wrote the will under duress could all serve as reasons to ask a court to invalidate a will. A legal opinion will inform you of your legal position before you defend or challenge a will in probate court. Noblesville lawyers can prepare court filings that communicate your concerns. 

Dealing With an Intestate Estate

 In the absence of a will, state law determines who will receive an inheritance based on the decedent relationship. You may need to file an inheritance claim and explain your legal reasons for receiving a portion of the estate. 

Addressing Trust Disputes

 The trustee has a fiduciary duty to follow the trust’s directions and manage funds appropriately. Beneficiaries sometimes disagree with the direction of trust administration, which could ultimately result in docketing a trust so that a judge can decide the issue. Legal representation will help a person to document their grievances thoroughly and make a strong case in court. 

Protecting Someone From Undue Influence

 Someone in mental decline can be vulnerable to the suggestions of a caretaker or relative who hopes to gain all or part of an inheritance. Preemptive action in the form of guardianship could protect a vulnerable person from manipulation. Requesting that a court appoint a guardian could protect an inheritance for rightful beneficiaries. 

Compassionate and Thoughtful Legal Support

 As providers of estate planning in Indiana, we work with people who want to communicate their final wishes. Any interference with this process can be profoundly upsetting to concerned parties, and we strive to resolve disputes through negotiation and legal enforcement. If you have concerns about an inheritance, please contact our probate attorneys to learn more about your legal rights. Call Webster & Garino at (317) 565-1818.