Top Estate Litigation Lawyer Christopher Casey Reveals What To Contest In Disputed Probate Will Or Trust - Salem, MA

Leading Probate Litigation Lawyer Christopher Casey, partner of Casey & Lundregan, P.C., of Salem, MA explains process of disputing a trust or will. For more information please visit

Disputing a family trust or will requires skill, hard work and, often a thick skin, to work through to a successful conclusion, advises probate litigation specialist Christopher T. Casey.

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A partner in estate planning and elder law firm, Casey & Lundregan, P.C., of Salem, MA, Mr. Casey said that potential benefactors, heirs and creditors - almost anyone that has a stake in a person’s will or family trust - can contest one.

When asked to comment, Casy said, “As 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, it’s important to seek a specialist litigation lawyer in probate for advice.”

He explained that a family trust helps an estate avoid the probate process with assets placed in a trust and distributed to chosen beneficiaries based on the conditions drawn up before a person’s death.

Casey said someone who seeks to invalidate or dispute a trust would have to 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 will be best placed to advise beneficiaries thinking of contesting a trust or will. They can assess the key strengths and weaknesses and advise the costs in taking such action. If a contest is successful, then the trust becomes void,” Casey 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 to obtain 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 voided, and the estate’s assets distributed per state law.

Casey concluded: “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 fully understand what they are planning to take on.”


Contact Info:
Name: Christopher T. Casey
Email: Send Email
Organization: Casey & Lundregan, P.C.
Address: 71 Washington Street, Salem, MA 01970
Phone: 978-741-3888

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Release ID: 89054513