You Need The Guidance Of Experienced Oklahoma Estate Planning Attorneys
In Oklahoma, the administration of an estate can be challenged by anyone with "standing" in the will, which essentially means anyone who is named in the will or anyone who believes he or she should have been named in the will (or would have been named in those cases where no will existed).
At Milburn & Massey in Shawnee and Oklahoma City, our experienced estate litigation attorneys assist individuals when a will is being contested, whether that means advocating for an individual who is challenging a will or representing an executor who is responding to a legal challenge.
Reasons for challenging a will generally revolve around the claim that the will does not reflect the testator's true wishes. This can result from:
- Fraudulent practices by a beneficiary
- Lack of mental capacity by the testator
- Mistakes made by the testator while drafting the will or by the executor while administering the estate
- Undue influence on the testator to amend a will while he or she is in a weakened state physically or mentally
A Failure To Plan
Estate litigation often is a sign that someone failed to make proper plans, most notably the decedent. These disputes may be resolved outside of court, but they tend to go to trial more often than other forms of civil litigation. That makes it all the more important to retain the services of lawyers who not only are trial-tested, but who also have extensive knowledge of how wills are created and administered. If one is not careful, a large portion of the estate can be spent litigating who should receive what.
Parties may also contest the administration of trusts, most notably if they feel there is a failure on the part of the trust administrator to adhere to his or her fiduciary responsibilities.
We Can Answer Your Questions And Assess Your Situation
There are important deadlines to meet when challenging the administration of a will or trust. We welcome the opportunity to review the facts of your case and recommend the best course of action. Call 405-777-2582 or use our online contact form to schedule a meeting.