Leading Elder Law & Estate Planning Attorney Rory Clark Offers Clarity On Probate Litigation Lawyer Role – Leesburg, VA
Sep 2, 2023
Top Elder Law Attorney Rory Clark founder of the Legacy Elder Law Center in Leesburg, VA, explains what a probate lawyer does and the role they can play. For more information please visit https://legacyelderlaw.com
Leesburg, VA, United States - September 2, 2023 —
Virginia attorney Rory Clark today moved to de-mystify what a probate litigation lawyer does, having witnessed first-hand the misinformation circulating that could influence a person’s decision to fight a loved one’s last will and testament.
For more information please visit https://legacyelderlaw.com
Mr. Clark, founder of The Legacy Elder Law Center in Leesburg, has spoken at length about the steps a probate litigation attorney can take to help beneficiaries, relatives and trustees.
He explained that when a person dies, usually, their assets are distributed to heirs, trustees or beneficiaries as stipulated by a last will and testament. These documents outline the person’s wishes and state to whom their assets should be allocated. This process is called probate and, often, runs smoothly.
“However, on occasion, a member of the family or a beneficiary may want to contest that process, and these disputes can result in litigation,” he said. The first port of call for someone will be to seek advice from a probate litigation lawyer.
The disputes can range from contesting a will or trust, seeking redress where a property has been wrongly allocated, and concerns over the elements of a will which may have been issued under duress or due to the incapacity of the deceased.
A probate litigation attorney will usually be called upon to contest a will. Mr. Clark said: “If a person of elderly age has suddenly changed the contents of a will or decided that a person not close to them should be a beneficiary, then this will raise questions.’’
“Equally, beneficiaries may have spotted mistakes or matters that have been omitted. In these cases where questions are being raised, there may well arise a need to contest these issues in court, or at the very least seek guidance.”
A probate litigation attorney will also investigate the accusation that the will was written with undue influence – meaning that a person in a position of power influenced or leveraged an advantage over the deceased.
He added: “A beneficiary may be suspicious that undue influence was applied due to the person’s mental incapacity thereby enabling the estate to be leveraged in someone else’s direction. They have a case to challenge, for example, if their relative suddenly changed a will at the last minute and is contrary to their true wishes.”
He advised that seeking to contest a will’s validity purely on the person’s lack of mental capacity was one that needed to be taken carefully, as evidence would be required to demonstrate this was the case.
“A beneficiary or a debtor may also contest because the executor, who administrates the will, is somehow breaching their fiduciary duties. This could be down to them not acting under the will’s instructions,” he added.
Mr. Clark concluded: “The assistance of a probate litigation attorney is invaluable when navigating the court system. They can often assess the strengths and weaknesses of a case and advise potential claimants on the likelihood of any outcome.”
“They will also be the voice of reason and be able to offer a professional view on what can be a very emotionally-charged issue.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Rory Clark
Email: Send Email
Organization: The Legacy Elder Law Center
Address: 108 South St SE ste 212, Leesburg, VA 20175, United States
Phone: 703-783-1195
Website: https://legacyelderlaw.com
Release ID: 89106206
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