How a Wake Forest Will & Trust Attorney Can Assist Disinherited Children
When a child is unexpectedly disinherited, it can be a difficult and confusing experience. In most states, disinheritance is legally permissible, but there are exceptions. A Wake Forest Will & Trust Attorney can help disinherited children understand their rights and determine if there is a case to claim their rightful inheritance, especially if disinheritance involved undue influence, mental incapacity, or a mistake of fact.
Why You Might Need a Wake Forest Will & Trust Attorney
Disinheritance doesn’t always mean a child has no rights to their inheritance. A will and trust attorney can assist children who feel their disinheritance was based on unjustifiable reasons, such as undue influence from a family member.
For instance, if a parent was pressured by a spouse or caregiver, that child may have grounds to challenge the will. In such situations, an attorney can help gather evidence to support a claim of undue influence.
Steps to Challenge a Disinheritance
Challenging a will in probate is called a caveat proceeding. Disinherited children have several legal grounds on which they can contest a will in a caveat.
- Claims can be based on lack of mental capacity, especially if the parent suffered from a cognitive disorder.
- Other cases might involve mistake of fact if the parent believed false information when making the decision.
Your Wake Forest Will & Trust Attorney can guide a child through the steps of gathering documents, analyzing previous will versions, and building a strong case to challenge disinheritance.
What are Possible Outcomes When Contesting a Will?
The amount a disinherited child might receive varies widely based on the strength of the claim. If disinheritance was due to undue influence, mental incapacity, or a mistake of fact, a disinherited child may recover a significant portion of their expected inheritance. In some cases, a knowledgeable will attorney in Wake Forest has helped clients receive their full rightful share in a matter of months.
It's Important to Act Quickly!
Probate litigation often involves strict deadlines, so consulting with a will attorney in Wake Forest as soon as possible is crucial. Some attorneys offer flexible fee arrangements, making it easier to seek help without an upfront financial commitment. An experienced attorney will know how to navigate these complex cases within deadlines, ultimately giving disinherited children the best chance to claim their inheritance.
Eldreth Law Firm’s experienced will and trust attorneys are here to provide the support you need, with a wide range of services to help you handle any legal issue with confidence. Be sure to contact Eldreth Law Firm today for more information on their services.
