Top Elder Law Attorney Rory Clark Explains Impact Of A Disputed Trust Or Will – Leesburg, VA
Leading Elder Law Attorney Rory Clark founder of The Legacy Elder Law Center in Leesburg, VA, explains the process of disputing a trust or will. For more information please visit https://legacyelderlaw.com
Leesburg, VA, United States – September 30, 2022 —
Disputing a family trust or will requires skill, hard work and, often, a thick skin to reach a successful conclusion, advises Elder Law attorney Rory Clark.
For more information please visit https://legacyelderlaw.com
The Founder of The Legacy Elder Law Center, in Leesburg, VA., said that potential benefactors, heirs and creditors – almost anyone with a stake in a person’s will or family trust – can contest one.
Clark commented: “Speed is of the essence in challenging a trust or will, given the window for contesting an estate is relatively short and varies from state to state.’’
“With emotions naturally running high at such a sensitive time, a person seeking to contest a will or trust should consult a litigation attorney to understand what they are planning to take on.”
He explained that a family trust helps an estate avoid the probate process with assets placed in a trust and distributed to beneficiaries based on the conditions drawn up before a person’s death.
Someone who wants to invalidate or dispute a trust must launch a civil lawsuit. Through a skilled probate attorney, this can be done on the grounds of undue influence, forgery, fraud or incapacity.
“An attorney is best placed to advise beneficiaries thinking of contesting a trust or will. They can assess the key strengths and weaknesses and advise the costs of taking such action. If a contest is successful, the trust becomes void,” Clark said.
The primary contest is usually between siblings seeking a more significant share of assets from a parent’s trust or estate. They will usually find out after a person has died and how their assets are intended to be distributed.
If they seek to contest a will, they need a copy of the document and have it reviewed professionally by an attorney to work out the best strategy. If a court judge rules in favor, the document will be void, and the estate’s assets will be distributed per state law, Clark concluded.
Name: Rory Clark
Email: Send Email
Organization: The Legacy Elder Law Center
Address: Market Station, 108 South Street, SE, Suite 112, Leesburg, VA 20175
Release ID: 89082414
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