Disputes Can Happen Even With Planning
Whether through a lack of planning or due to unforeseen circumstances when the estate plan is created, a dispute may arise. Issues may arise between a new spouse and children, a new friend and family members, or between siblings. At Stephen K. Snavely Co., L.P.A., we have seen it all.
Meeting with a lawyer before things become contested can be extremely valuable. When a loved one passes away, emotions run high and good counsel can help keep things in perspective. We offer free initial consultations, so there is no reason not to schedule an appointment to discuss your concerns.
Will Contests And Undue Influence
Often probate litigation arises from a will contest alleging undue influence. It is commonly due the incapacity of the principal. Sometimes a power of attorney was granted and gifts were made to the person with the alleged undue influence over the principal. These may be bona fide or they may not be bona fide. The test is whether the person has the competency to make the gift or to make the will.
We have been on both sides of will contests. They are emotional and tough cases for both sides. Careful estate planning ahead of time can help to avoid some of these issues. Often we can also pursue settlement outside of court in order to avoid the high costs of litigation and preserve assets and relationships between loved ones.