Attorney William S. Heyman is one of the most experienced will and trust contest litigators in the State of Maryland. Mr. Heyman and the legal team at the Heyman Law Office can assist with an array of will and trust concerns. Having served as outside counsel for over ten years for one of the region’s largest corporate trust departments and as the go to litigator in several high-profile trust litigation cases, Mr. Heyman has the experience and steady hand to investigate and litigate claims involving alleged improper actions by a personal representative of an estate or the trustee of a trust.
What Are Common Reasons for Will and Trust Litigation?
While nearly all disputes over wills and trusts involve unique issues, there are certain common elements that they share. Speaking generally, most will contests are filed by a friend or family member of the deceased individual. Siblings are often parties that seem most willing to challenge a will or trust and engage in litigation.
- Estate plan was executed due to fraud – One common reason behind will and estate planning challenges is that the plan was executed due to fraud. The types of fraud one can encounter are varied and can include statements that concealed the true nature of the executed document. In other scenarios, the fraud can stem from inaccurate statements of assets or accounts.
- Will or trust was executed under duress or because of undue influence – It is a common scenario for a child or caretaker to bring an elderly relative to a lawyer’s office for estate planning guidance, stay in the room for the meeting, and pay for the legal services. This type of approach is often problematic and may lead to difficult questions regarding who the beneficiary is while also opening the door for a challenge due to duress or undue influence.
- The plan was executed when there was a lack of mental capacity – The law requires that individuals must have sufficient mental capacity when they make important life decisions, including creating a will or trust or making changes to those documents. Generally, this means that the individual is aware of the assets he or she owns, the goals he or she has for the will or trust, and the relationship he or she shares with the beneficiaries. This is an extremely complex area of law and fact, in which medical testimony is often crucial – Mr. Heyman has significant experience with the medico-legal issues in this area of law.
- An individual was disinherited or is dissatisfied with their share – Another common scenario for will and trust challenges occurs when a friend or family member is disinherited or otherwise unhappy with his or her treatment under the estate plan. Challenges of this type can be minimized through no-contest clauses, but this approach is only effective prospectively and not retrospectively after the plan has been challenged.
The above situations address only some of the more common reasons for will and trust challenges. Essentially, a challenge can be raised for any deviation from the process set forth by the laws of Maryland. Furthermore, mistakes by the executor or administrator are also common reasons for will and trust challenges. What is important to understand in these cases is that people are not automotans and the cases frequently involve intense emotional issues related not only to dollars and cents, but also to family and personal dynamics. Honest counsel is critical in such circumstances. Having handled so many cases involving in the estates and trusts area, Mr. Heyman understands the needs and goals of his clients and works with them to achieve the best possible results.
Work with an Aggressive and Strategic Estates and Trusts Lawyer in Baltimore
For more than 20 years, attorney William Heyman has provided trusted legal guidance regarding estates and trusts and fiduciary litigation. Contact the Heyman Law Office today. To schedule a confidential consultation, call (410) 305-9287 today.