Discovering that you’ve been left out of an inheritance, especially one you believed you were entitled to, can be both emotionally and financially distressing. It’s a situation that mixes personal sentiments with legal intricacies. As experienced Brandon estate planning attorneys, we’ve assisted many clients in navigating these complex waters. If you find yourself in such a situation, here’s what you can consider:
- Understand the Will or Trust
Before taking any action, obtain a copy of the will or trust and read it carefully. It’s essential to understand its stipulations, the beneficiaries, and any conditions that might affect the inheritance. There could be specific reasons or clauses that explain why you were not included.
- Evaluate the Legitimacy of the Document
It’s not uncommon for wills or trusts to be updated or revised over time. Ensure that the document in question is the most recent version and was validly executed with all requisite legal formalities.Â
- Reflect on Potential Grounds for Contesting
If after understanding the will or trust you still believe you’ve been unjustly excluded, consider the potential grounds for contesting. Common reasons include:
- Undue Influence: This implies that the decedent was manipulated into making certain decisions in the will or trust.
- Lack of Mental Capacity: It can be argued that the person creating the will or trust lacked the mental capacity to make informed decisions.
- Forgery or Fraud: If you suspect that the will or trust isn’t genuine or that the decedent was deceived, these could be grounds for contest.Â
- Mediation
Before taking legal action, consider mediation. It’s a less adversarial approach where a neutral third party helps the involved parties come to an agreement. This step can preserve family relationships and offer a resolution without court intervention.
- Legal Action
If other avenues do not yield a satisfactory resolution, you might consider taking legal action. This step should be taken after thorough consultation with an estate attorney, understanding the potential outcomes, costs, and the emotional toll it may have.
- Emotional Support
Being excluded from an inheritance can be deeply personal. Seek emotional support, whether from friends, family, or professionals, to help process your feelings and decisions.
Consult with Our Brandon Estate Planning Attorneys
Navigating the challenges of inheritance disputes requires both sensitivity and legal expertise. Our team of Brandon estate planning attorneys is adept at guiding clients through such complexities with empathy and precision.
If you feel you’ve been unjustly left out of an inheritance, don’t navigate this journey alone. Reach out to us at (813) 438-8503 for a consultation and reference this article for a comprehensive discussion tailored to your situation.