Will Contests & Trust Disputes

When we represent beneficiaries, fiduciaries and heirs, our goal is to preserve their inheritance while opposing greed, dishonesty and dereliction of duty.

Protecting Your Rights

Will and Trust disputes involve a broad range of claims and requested relief including: interpretation of will or trust provisions, including invalidation of the entire document; claims against an executor or trustee for breaching their fiduciary duties up to and including removal. We represent those who are want to protect their rights as beneficiaries, executors and fiduciaries or trustees defending themselves against false claims.

Will and Trust disputes involve a broad range of claims and requested relief including, interpretation of will or trust provisions, compelling an accounting of assets or removal of an executor or trustee, invalidating a will or a trust, and/or making claims against the executor or trustee for breach of fiduciary duty and/or failure to comply with the terms of the will or trust. We represent those who are seeking this type of relief or defending themselves against it.

Common issues in will and trust disputes are lack of capacity and undue influence which can be complicated and multi-layered. Bellator is experienced in prosecuting and defending cases involving these issues and advocates on behalf of its clients to achieve a just result. 

Lack of Capacity

Under California law all adults are presumed to have the mental capacity to create a will, enter into a contract, manage their own finances, get married, buy and sell property, make medical decisions and generally run their own lives without interference. That presumption can only be overcome with evidence that the person has one or more significant problems with processing information or making informed and independent decisions. Capacity issues can also be complicated because impairment in one area does not necessarily include a different kind of decision. Gathering and presenting the necessary evidence to prove incapacity or defend against a claim of incapacity requires skill and experience with these types of cases.

Undue Influence

People routinely influence one another by virtue of their daily interactions. The influence that family members or close friends have on one another is understandably greater than that of acquaintances or strangers, and is not necessarily improper. However, when one person exerts excessive pressure on another’s independent decisions about who they will appoint as their legal agent, or to whom they will leave a bequest or gift, it can amount to what is referred to as “undue influence."

If proved, lack of capacity or undue influence related to the creation of a will or trust can result in the bequest being invalidated.  Taking advantage of elders or dependent adults who lack capacity or unduly influencing them to their detriment is financial abuse.

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FREQUENTLY Asked Questions about

Estate Planning Disputes

If you are involved in a contested will or a trust dispute, you may have questions about what comes next. Below are answers to commonly asked questions about estate planning disputes.

What Are Signs Of Incapacity?

A person may lack capacity if they display signs of confusion, consistently fail to remember simple things, can’t retain information or have problems processing information. A medical diagnosis of dementia can also indicate a partial or significant lack of capacity. Incapacity or lack of capacity may be temporary or permanent and although a physician usually provides insight into a person’s cognitive ability, a determination that a person lacks legal capacity must be made by a court.

What Should I Do If I Suspect That A Friend Or Family Member Lacks Capacity?

If you suspect that someone you care about is losing capacity and needs assistance making decisions, you should discuss your concerns with them directly. You should always recognize and affirm their need to remain independent and autonomous and explain that you want to help them do so. Help them remain in control by making smart choices and recognizing when they need a little help. Find out how you can help him or her and explore whether they have an estate plan that appoints others to help with financial and medical decisions.

If your friend or loved one does have an estate plan, inquire whether they feel comfortable asking the people they appointed in their plan to provide assistance. If your friend or loved one does not have an estate plan, you could suggest that they explore this option so they remain in control of who is providing assistance. If they don’t already know one, you could help them find an estate planning attorney so they can learn more about the benefits of creating a Power of Attorney, Advance Health Care Directive and other documents.
 
Broaching the topic of capacity with a loved one, especially a parent, can be difficult because losing capacity can trigger fear of losing independence and feelings of embarrassment and shame. Being mindful of these issues and approaching your loved one in a way that honors and recognizes their independence can make your loved one more receptive to your concerns.

Estate planning attorneys must meet with their potential clients in a private setting, to ensure that they are not being unduly influenced and are making estate planning decisions independently.

When assisting a friend or loved one with finding an estate planning attorney, you should encourage them to call the attorney’s office themselves to make the appointment. If you are providing transportation for the appointment, you should not attempt to be part of their discussion with the attorney. In fact, the best thing you could do is deliver them to the estate planning attorney’s office, provide your cell phone number and then leave to do errands. If your friend or loved one wants you to participate in the meeting, let them know you’ll be available when you return from your errand.  

What Are Signs Of Undue Influence?

A person may be subject to undue influence if the person has diminished capacity and is making decisions that are out of character for the person or that seem illogical, such as making excessive gifts to new friends or caregivers, displaying unusual spending patterns, making changes to estate planning documents that are inconsistent with the person’s prior plans without good reason, or hiring contractors to do work unexpectedly or that is unnecessary.

What Should I Do If I Suspect That a Friend or Family Member is Being Unduly Influenced?

If you suspect that a loved one is being unduly influenced you can discuss your concerns with your loved one, contact adult protective services to launch an investigation, or speak with an attorney experienced with elder abuse issues to determine what you can do to protect them from elder abuse.

Do You Have More Questions?

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Let Us Help You

If you would like to speak with an attorney about estate planning, probate, resolving an estate-related dispute or protecting your loved one from abuse, contact our office today.

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Our Reviews

Nunya B.
Former Client
"Professional attorneys who are attentive and sympathetic to my issues and very knowledgeable about trust discrepancy and concerns."
Ray F.
Former Client
"Merrianne and her team helped me work through developing a solid estate plan and trust plan, providing me with knowledge to help with decision making and unravel the complexities."
Anji Taylor
Former Client
"Merrianne is knowledgeable, compassionate, communicative and was incredibly effective at driving the process to remove the former power-of-attorney holder from a position of abusive authority and control."