Estate Litigationline

Legal Guidance For Contesting A Will Or Trust

A will should be the final clear and unambiguous wishes of the testator. Unfortunately, in the final stages of life, the deceased may be improperly influenced or may not be competent. The absence of any will at all may also be a problematic situation. There are also often issues about how an estate or a trust is administered. The law office of SmithMcNeill PC in Boston represents estates, trusts and individuals who have questions and concerns arising out of such circumstances.

Estates may give rise to issues including:

Promised return — Often, friends and relatives rely on promises from the deceased and provide services and other consideration relying upon later payment.

Mistakes — The will was not properly signed, witnesses or notarized, or other legal technicalities were not properly carried out.

Lack of testamentary capacity — It can be shown that the testator did not have the mental capacity to understand the value of his or her assets or the consequences of his or her decisions when the will was drafted or amended.

Undue influence — Another person convinced the testator to draft or change a will to benefit that influencer and to the detriment of others.

Fraud — A beneficiary misled the testator in order to benefit from the language in the will.

Legal challenges can also be made against fiduciaries if it is felt that the trustee has not acted with an enhanced level of good faith, impartiality and competence. A fiduciary can be removed for breach of fiduciary responsibility or other actions that conflict with the decedent’s final wishes, and past actions can be reversed.

Effective Resolutions Reached In A Timely Manner

Estate litigation is complex and engulfed in emotions. It is essential to work with a lawyer who has experience in this area and who is sensitive to the emotions, but focused on the actual rewards and risks. The worst-case scenario is dragging out estate litigation for years, depleting the estate’s assets in the process.

Mr. Smith has a proven record of resolving cases through negotiation and arbitration, as well as the ability to advocate for clients in court if a resolution cannot otherwise be reached. Contact the firm to schedule a free consultation to discuss your estate litigation matter.

Civil Litigation Topics:

Estate Litigation
Real Estate and Land Use Litigation

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SmithMcNeill PC
10 Post Office Square
8th Floor South
Boston, MA 02109

Phone: 617-692-2917
Fax: 617-249-0633
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