“I’ve pulled together a list of the No. 1 Gut Feelings something is wrong in probate or trust situations,” Attorney Reed Bloodworth said. “These are the most common, but you should always trust what you feel and consult with an attorney.”
Reed said there are instances you should talk to a lawyer about trust or probate fears:
- You haven’t received an annual accounting
- You know your family member “would not have done something like this”
- “That’s not what she told me she wanted to have happen when she died”
Reed is the Founder and CEO of Bloodworth Law and said clients tell him they have gut feelings something is wrong in probate or trust situations.
A large part of my practice is taken up by probate and trust litigation. A lot of my probate and trust litigation clients come to me because they say in their gut they felt like something was wrong.
No. 1 Gut Feelings Something is Wrong in Probate or Trust
This is a list of some of common probate and trust litigation issues which may spur you to go and consult with a probate and trust litigation attorney.
Will or Trust Was a Forgery
Some of the most common are that you believe that the signature on the will or the trust was a forgery.
Someone Influenced the Grantor
Influenced the Another one is you believe that someone could’ve been a family member or outside family member unduly influenced the grantor the person who signed the will or signed the trust.
You might believe that was the case because you were told you would be a beneficiary of the will or trust and after death, you found out you were not. Perhaps it was changed under suspicious circumstances.
Lacked the Capacity to Understand
Another very common issue as to why you may want to consult with a probate and trust litigation attorney is you believe the testator lacked the necessary capacity to understand what it was they were signing. This is very common. It happens a lot in Florida.
Say you have an elderly person or someone who may have been sick or suffered with dementia executing a new will or trust close in time to their date of death.
A Third Party Interfered
Another example might be that you believe a third party tortuously interfered with your inheritance. You were always led to believe by the grantor that you were going to receive an inheritance from them and then after they passed it turns out you were not in their will or not in their trust. That may be grounds for a tortious interference claim.
Will or Trust Obtained via Fraudulent Means
Next, if you believe the will or the trust was obtained via fraudulent means — meaning that the grantor the person signing the trust or the person signing the will — was told things by someone that were untrue. And, because of that, they created new estate planning which excluded you from the trust or the will.
Personal Representative Not Complying
Another very common reason you may want to consult with a probate and litigation attorney is you believe the personal representative of the will or the trustee of the trust is not complying with the terms of the will or the trust. This would be grounds for a breach of fiduciary duty claim.
No Annual Accounting
And, another very common reason why you may want to consult with a probate and litigation attorney is you haven’t received an annual accounting. By law, you are entitled to receive an annual accounting every year pertaining to what’s going on in the trust what’s going on in the estate.
So these are some of the most common reasons people get a gut feeling something’s not right.
“My mom would not have wanted this.”
“My aunt or uncle would not have done these things.”
That’s when you should go and consult with a probate and trust litigation attorney. Again I’m Reed Bloodworth, the managing member or Bloodworth Law. Give me a call. Let’s talk about what happened to you.Consider sharing this post