Most people who have planned their estates do not expect an heir to cheat another heir out of an inheritance. Unfortunately, in recent times, it happens more often than you might expect. If you have discovered that you have been cheated out of an inheritance, speak with an experienced probate litigation attorney as soon as possible. There are ways to fight back under the law.
At Stern Zwelling, LLC, we understand that no one wants to go to court over probate matters. Probate litigation among family members can be an emotionally distressing experience — one that should not have been necessary had everyone acted appropriately. If you have discovered, to your dismay, that you have been cheated out of an inheritance, you need a lawyer by your side with the legal knowledge and skills to handle your case effectively and compassionately.
Legal Options When You Have Been Cheated Out Of An Inheritance
Legal strategies in your probate or trust litigation matter will depend on the circumstances involved and the methods employed to cheat you out of your inheritance. Options for recourse under the law include:
- Challenging the validity of a will: In an aging population, physical conditions can contribute to diminished mental capacity, and elderly people that have diminished capacity can be illegally convinced to change all or part of a will. You may find that, without your knowledge, an elderly parent or relative’s will was changed to cut you out and cut someone else in. To prove that this occurred in a court of law, your probate litigation lawyer must obtain evidence and present skillful arguments to the court on your behalf.
- Investigating the handling of financial affairs: Financial exploitation is a form of elder abuse that commonly arises in probate litigation matters. Powers of attorney and health care directives come into play when elderly people no longer have the capacity to make important decisions for themselves. Although these are necessary measures, they open the door to the possibility of financial mishandling and abuse. Guardianships and conservatorships are one way that valid heirs can be cheated out of an inheritance.
- Contesting a trust: The validity of a trust can be challenged in court, the same as the validity of a will. Accusations of fraud may enter into trust litigation. Claims may be made that the trust was drawn up under duress or that it strays from the intent of the deceased trustor. The management of a trust may also be called into question. The trustee may be accused of misappropriation or mismanagement.
Probate Litigation Lawyer in Boca Raton
Probate litigation is never a pleasant prospect, but it may be necessary to fight back if you have been cheated out of your inheritance. At Stern Zwelling, LLC, we focus our practice on probate and trust litigation and estate planning. We know the law, and you can rely on us for the high-quality representation you deserve. If you have been cheated out of an inheritance, contact us to find out what we can do to help you fight back.