-- A person expecting to inherit from a loved one’s estate may consider several options if they believe their inheritance has been stolen, probate attorney Bobby Sawyer said this week.
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Sawyer of Johannesmeyer & Sawyer, PLLC said an initial step is to seek advice from an experienced probate litigation attorney if they believe that their inheritance has been either taken by someone or the proceeds have been manipulated in a way that goes against the interests of the deceased.
Outside of the advice of the attorney, a person should keep records of correspondence and communications with the suspected individual. Even if it’s a treasured asset of sentimental value, records of conversations should be kept as evidence.
Engaging the suspect by email will enable a paper trail of the issue. But, as with most beneficiaries, they may well just ask outright for their inheritance directly from the individual who is suspected of taking it.
Once confronted with the evidence and the potential of court action, the suspect may return the rightful assets to their intended recipient. However, if that fails, a beneficiary can consider taking the issue to court.
Taking the matter to court will mean seeking the advice of a probate litigation expert.
To challenge the will, there are several legal grounds available, but a case can only proceed with sufficient evidence. One specific ground is undue influence, which asserts that the testator was pressured by someone to manipulate the will in their favor.
Sawyer said another legal ground includes detailed evidence of duress, which occurs when someone threatens harm to coerce the testator into changing their will. Fraud, in which the testator is deceived into altering their will, and forgery, where the will or signatures have been falsified, are also valid reasons for contesting.
If the person was not mentally competent enough to understand the nature of their property at the time of creating a will, this can also be grounds for a challenge. Additionally, a will may be invalidated if it does not comply with required legal formalities.
If the suspect happens to be a sibling, such as a brother or sister, then a strongly worded letter from an attorney may be enough to resolve the matter without taking it to court.
“If a person suspects that their inheritance has been stolen, they need to act immediately and seek professional advice, as there is a limited window of opportunity to take legal action,” Sawyer concluded.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Bobby Sawyer
Email: Send Email
Organization: Johannesmeyer & Sawyer, PLLC
Address: 117 E Main Ave, Gastonia, NC 28052, United States
Phone: (704) 312-5635
Website: https://www.jandspllc.com/
Release ID: 89159055
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