Do you think you've been disinherited unfairly or fraudulently? With the help of a probate lawyer, you can fight back against the will and make sure that your loved one's assets, including money, pass down to you. Here are several ways a probate lawyer can help you fight when you've been disinherited;
1. Prove the Deceased Lacked Testamentary Capacity When Writing the Will
A probate lawyer can help you prove the decedent lacked testamentary capacity when writing the will. This is important because if the decedent lacks capacity, the will is invalid, and you can inherit from the estate.
Your lawyer can rely on evidence, including medical records, statements from the deceased's family members or close friends, and statements from doctors who treated the deceased at different times. Even statements from neighbors who might have overheard conversations about wills or estates.
2. Prove Fraud or Duress
A probate lawyer can help you prove that the will was created under fraud or duress. This might be the case if the person who created the will was coerced into doing so through blackmail or physical threats.
Your lawyer can also dispute the will on the grounds of fraud when it is suspected that someone else created it and then lied about it being the testator's own handiwork.
3. Dispute an Improperly Executed Will
If you believe the will was not executed properly, a probate lawyer can help you file a dispute. To win your case, you'll need to prove that the will was not validly executed according to state law.
Some of the basis of this dispute can be mistakes in identifying heirs or executors and mistakes in appointing an executor, such as appointing someone who is already deceased. Another mistake is when the will omits one or more people with a right to inherit under the law.
4. Show the Existence of a Previous Unrevoked Will
A probate lawyer can help you show the existence of a previous unrevoked will. This is important because if you can prove there was a will, you may be able to have the court overturn the current will and give you your rightful inheritance.
5. Dispute the Provisions of the Will As Unfair and Unjust
A probate lawyer can help you file a claim against the estate, arguing that the will's provisions are unfair and unjust. This is especially helpful if you can demonstrate the existence of a relationship that makes it highly unusual to be left out of the will, for example, a parent-child relationship.
If you find yourself in the unfortunate situation of having been disinherited, know that you have options. Hiring skilled legal help to fight for what's rightfully yours is a great first step. Contact a probate lawyer to discuss how to fight back against disinheritance. For more information, contact a probate attorney near you.