Wills and trusts are both incredibly important estate planning tools that, in many cases, provide peace of mind and security for the loved ones we leave behind. However, when a will or trust is contested, it can send shockwaves through a family, stirring up many emotions as well as legal challenges. Family members often find themselves in unfamiliar territory, grappling with both the loss of a loved one and the unsettling reality of a dispute over the deceased’s final wishes. These challenges can cause tension and delay estate distribution to the heirs when they arise. Resentment and diminished inheritances often result, emphasizing the need for quick resolution and experienced legal guidance to mitigate these adverse effects.
Fortunately, the Maryland estate planning attorneys at The Law Office of Raymond E. Brown are experienced in resolving conflicts to ensure the valid wishes of the deceased person are upheld. Don’t let disagreements with a loved one tear your family apart – contact us today for personalized legal guidance. You can reach us by phone at (443) 554-9944 or by completing our online intake form to schedule your initial consultation.
Common Reasons for Disputes
Trusts and wills, though they are separate legal documents, are often disputed for similar reasons. Many of these disputes are centered around legal, personal, or procedural issues. Below are some of the most common reasons for these disputes:
- Lack of capacity
- Undue influence
- Improper execution
- Forgery
- Fraud
- Revocation
- Ambiguities in the document
- Changes made under suspicious circumstances
When a Will or Trust Can Be Challenged
A will or trust may face challenges if doubts arise regarding its validity, execution, or compliance with legal requirements, particularly in instances involving concerns about undue influence, fraud, the mental capacity of the person, or discrepancies in the execution process after their death.
Lack of Capacity
Lack of capacity, also known as lack of testamentary capacity, refers to the mental inability to understand the consequences of creating both a will and trust, which can be grounds for challenging their validity. If the individual was not of sound mind at the time of drafting, meaning they lacked the mental capacity to comprehend the nature of their actions or the extent of their assets, the document might be deemed invalid.
Disputes based on lack of capacity often involve review of medical records, witness testimony, and other evidence to assess the mental state of the decedent at the time of execution.
Undue Influence
Undue influence, often linked with elder abuse, is a common reason to challenge wills. This occurs when someone manipulates or coerces the testator, especially when they are a vulnerable individual like the elderly or those in poor health, into making decisions that don’t align with their true intentions.
Challenges based on undue influence involve demonstrating the exertion of control or manipulation by the influencing party, which undermines the testator’s autonomy in creating the document and how their legally owned assets are distributed.
Fraud
Fraud represents a significant basis for contesting a will or trust. It involves deliberate deception to gain an unfair advantage in distributing the person’s property. For example, fraud may include forging signatures or misrepresenting facts to create a new will with terms dictated by someone other than the rightful owner of the assets.
Disputes may arise if it’s alleged that the decedent was fraudulently induced into signing a will or trust by misrepresentations that affected their decisions.
Improper Execution
Improper execution of a will or trust is another common cause for disputes among heirs. When these important documents are not signed, witnessed, or handled in accordance with the specific legal requirements of the jurisdiction in which they were created, their validity can be called into question.
For instance, Maryland requires the presence of at least two witnesses during the signing of a will, and any deviation from this process can make the will susceptible to legal challenges.
What Happens When a Will or Trust is Challenged?
When a will or trust is challenged, it initiates a review process to assess the validity of the legal entity in question. This typically results in a court hearing where all interested parties can present their claims and evidence. The court then scrutinizes the circumstances under which the will or trust was drafted and executed, including considerations such as the mental capacity of the decedent and the presence of any undue influence or coercion.
If the challenge is successful, the will or trust may be declared invalid. Unfortunately, this process can significantly delay the distribution of the estate’s assets and often strains family relationships.
The Process of Contesting a Will or Trust in Maryland
The steps involved in challenging the validity of a will or trust document in Maryland are as follows:
- Notification: Beneficiaries and interested parties are notified of the probate process by the probate court after the loved one passes away. Â
- Filing a Petition: Individuals wishing to contest the will or trust must file a petition with the probate court outlining their objections to the document’s validity.
- Legal Proceedings: This triggers a legal proceeding where evidence is presented, typically by the contesting party’s probate attorney, to argue the document’s invalidity.
- Defense by Trustee or Executor: During the proceedings, the trustee or executor of the estate defends the document’s validity.
- Court Decision: If the challenge is successful, the court may invalidate some or all of the will or trust assets, redistributing them according to the decedent’s previous estate plan or Maryland’s intestacy laws.
The timeline for resolving these disputes varies depending on the complexity of the case, legal proceedings, and court backlog, but it typically takes several months to potentially even years to reach a resolution.
Who Is Able to Contest a Will or Trust?
During the probate process, anyone with a legitimate interest in the estate, including beneficiaries, heirs, or other relatives, may be able to contest a will or living trust. For example, suppose a person’s last will or living trust disproportionately favors one beneficiary over others. In that case, it may prompt a challenge from other relatives or heirs, such as two children who feel unfairly excluded.
No Contest Clauses
A no-contest clause is a provision that can be included in a will or trust to discourage beneficiaries from challenging the document. This does not mean that it cannot be contested, but rather that if a beneficiary contests the document and fails in their challenge, they will forfeit any inheritance they might have received.
While such clauses can be a powerful deterrent against unnecessary legal challenges, Maryland courts may still permit challenges based on valid grounds such as forgery or undue influence without necessarily enforcing the penalty of the clause, depending on the specific circumstances of the case.
How to Avoid Disputes Over a Will or Trust
The best way to avoid potential disputes over your will or trust is to ensure it is clear, comprehensive, and properly drafted. As such, it is highly advised that a person creating a will or trust work closely with an experienced estate planning attorney who can ensure that the document complies with state laws and accurately reflects their wishes.
Regular updates to a trust or will can also help to minimize conflicts, especially after significant life events such as marriages, divorces, births, or deaths within the family. Transparent communication with potential beneficiaries about the contents of the will or trust and the reasoning behind specific decisions can also help reduce misunderstandings and feelings of unfairness that might otherwise lead to disputes. Additionally, incorporating a no-contest clause can deter frivolous challenges, as can ensuring all legal formalities are correctly followed during the execution of the will or trust.
The experienced Annapolis estate planning attorneys at The Law Office of Raymond E. Brown can provide the tools, resources, and information you need to help you effectively pass down your legacy while minimizing the risk of a conflict down the line.
The Role of Mediation in Resolving Disputes
Mediation offers an effective alternative to court litigation for resolving disputes over wills and trusts. This process involves a neutral third-party mediator facilitating discussions between conflicting parties to reach a mutually acceptable resolution. Whether the conflict arises from challenges to the validity of a legal document, such as a revocable trust or original will, or concerns over asset distribution, mediation provides a forum for open communication and negotiation. The potential for no contest clauses within these documents may also incentivize parties to seek resolution outside of court to avoid potential loss of inheritance.
By engaging in mediation, individuals can address conflicts surrounding the deceased person’s assets and property while ensuring that the terms outlined in the trust take precedence. This approach offers a more cost-effective and efficient alternative to prolonged court proceedings and a more personalized and flexible resolution tailored to the needs of all parties involved.
How Anne Arundel County Estate Planning Attorney Raymond E. Brown Can Help
Legal representation is critical in disputes over wills and trusts, especially when the conflict involves the proper distribution of assets and property. An experienced attorney can be essential when it comes to ensuring that the person’s intentions are accurately interpreted and the legal documents take effect as intended.
At The Law Office of Raymond E. Brown, we provide clients with dedicated legal guidance and representation to help them grasp the nuances of trusts and wills more thoroughly. From negotiating settlements to representing clients in court or mediation, Attorney Raymond E. Brown and his team ensure clients receive the advocacy they need to resolve conflicts effectively and protect their rights throughout the process.
Call The Law Office of Raymond E. Brown For Experienced Estate Planning Assistance Today
Estate planning can be overwhelming, especially during times of grief or conflict following the death of a loved one. At The Law Office of Raymond E. Brown, we recognize the significance of safeguarding your assets and respecting the intentions of the deceased. Our team is dedicated to providing tailored guidance and legal support to assist you through these matters with clarity and confidence.
Whether establishing a will or trust or addressing conflicts that arise in the execution of these documents, our Annapolis, Maryland estate planning attorneys can assist you at every stage. Contact us at (443) 554-9944 or via our online contact form to arrange a consultation and take proactive measures toward securing your legacy today.
