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Understanding The Estate Planning Process

At Neal & Davis, PLLC, we understand that there are many reasons why a will should not be executed as it is written. We have worked with clients throughout the state of Kentucky facing this problem, and we are available to assist you in standing up for your rights and the rights of those you care about in court.

Mistakes, Unfortunately, Can Be Made

After a person passes away, his or her estate is divided among loved ones according to the will. A will is designed to make this process simple and ensure that the wishes of the deceased are carried out. However, simply because a person has a will in place does not mean that the distribution of the estate will be simple. Family members may challenge a will or the distribution of an estate for many reasons, including:

  • Claims that the person who created the will was incapacitated at the time the will was drawn up
  • Claims that the person who created the will was coerced at the time the will was drawn up
  • Claims that the will was forged
  • Claims that the execution of the will was defective
  • Challenging the actions of a trustee
  • Challenging certain areas of ambiguity within a will
  • Claims that the executor or trustee acted with misconduct or incompetence
  • Claims that certain assets are a spouse’s right to inherit regardless of what the will specifies

Is the estate in a trust and the trustee is not complying with the trust terms? A trustee has an absolute duty to act in good faith and in a position of trust. If you can’t trust the trustee and there are misappropriations of trust assets, or the trustee stole money from the trust, you have a claim against the trustee.

For Answers To Your Question, Call Today

When a loved one passes away, it becomes important to ensure that their assets are distributed in a way that your loved one would have wanted. If you believe your loved one was unable to make clear decisions at the time he or she created the will, or if your loved one was coerced or otherwise influenced, it is essential that you obtain professional legal representation with experience in estate litigation. Contact our office in Shelbyville; call 502-633-6002 today.