Should You Sue Family Over a Will or Trust

Attorney Reed Bloodworth is Founder and CEO of Bloodworth Law and discusses an issue commonly seen in the law practice: should you sue family over a will or trust?

Emotions Often Run Very High

“In trust and probate litigation emotions often run very high. A family member has just died and now decisions have to be made,” Reed said.

“Sometimes my clients are surprised to learn that decisions were made that did not include them. These decisions refer to the decedent’s will or trust.

“My clients are sometimes very surprised to find out that they are not beneficiaries of those wills or trusts despite being told they were going to be or being led to believe they were going to be.”

Should I File A Lawsuit Against Family?

“This leads into the next very important question,” Reed said. “Should I file a lawsuit and go to court against a family member?

“My clients often come to me and say ‘I knew something was wrong. I felt in my heart that something was wrong.’ And they’ve seen things that were upsetting to them.”

Verbally Abusive

“A lot of times my clients say they find that the person who became the sole beneficiary, or the primary beneficiary of the will or trust, was verbally abusive to the decedent. Or, that someone would isolate the decedent from their family members,” Reed said.

“Another common occurrence is that the person who became the primary beneficiary of that will or trust held a significant mental ability higher than the decedent.”

Medical Records As Proof

“My clients like to say, ‘if I only had the medical records. If only I had the documents related to these wills or trusts, I believe they would show that something’s wrong.’

“These are the types of cases my practice sees every day,” Reed said. “If you can relate to any of these situations talk with a trust or probate litigation attorney and tell them what happened to you.