Resolving Disputes Over Wills, Trusts And Succession
When family members dispute the terms of a will or contest the way a succession is administered, emotions run high. Family members often become entrenched in their positions, and it can be difficult to keep the succession (probate) process moving. These situations can contain so much animosity that many lawyers will not accept cases involving contested successions.
Attorney R. Scott Buhrer has successfully handled numerous succession disputes. He carefully and insightfully walks clients through all of their legal options under Louisiana law while closely considering cost factors and other practical issues. At all stages of these cases, Mr. Buhrer draws upon his decades of legal experience to provide the powerful, dedicated advocacy that his clients need when dealing with highly emotional and troublesome legal situations.
Mr. Buhrer’s effective dispute resolution techniques and client-focused practice have led to him being AV Preeminent peer-review rated* through Martindale-Hubbell, the highest rating available to an attorney.
Understanding The Succession/Probate Process In Lousiana
When a loved one dies, someone needs to administer their estate. This is called succession (known as probate in other states). The exact process of succession depends on whether or not there is a valid will or estate plan. The person handling the succession is called an estate administrator or executor. Their responsibilities include filing paperwork with the court, gathering the deceased person’s assets, paying their bills and final taxes, and distributing any remaining assets to the heirs and beneficiaries. The estate administrator/executor can hire a succession lawyer to help.
Contested Succession Situations
Beneficiaries or potential beneficiaries may decide to contest the succession. They may argue that the will itself is invalid or they may argue that the estate administrator/executor is not doing a proper job. Mr. Buhrer can represent those who wish to contest a succession or defend the administrator in a contested succession.
Circumstances that require a succession administrator to defend against legal actions typically arise in two situations:
- When the will itself is disputed. Many times, those challenging the succession will claim that the person who made the will was not competent and that the will should be declared invalid.
- When the way a succession is administered is attacked, the executor’s actions, instead of the terms of the will, are called into question.
In either situation, it is imperative to have the assistance of a seasoned contested successions attorney. On either side of a succession dispute, Mr. Buhrer’s clients benefit from his powerful advocacy and cost-effective legal techniques.
When A Will Can Be Contested
There are sometimes good reasons for beneficiaries or potential beneficiaries to dispute a will during the succession process. For example:
- The will does not appear to meet the basic legal requirements.
- A beneficiary claims a will was revoked and a more recent will exists.
- A beneficiary suspects the will is a forgery.
- The person lacked the legal capacity to write the will.
- The person signed the will by fraud or mistake.
- The person was under undue influence when writing the will.
In any of these situations, the interested party should contact a succession lawyer who has experience handling will contests.
Frequently Asked Questions About Contested Successions
As a succession lawyer, Mr. Buhrer answers many questions from clients about contested probate/successions. Here are some common ones and their answers.
Who can contest a will/succession in Louisiana?
Only a person with a legal interest in the outcome of the dispute is allowed to contest a will or succession in Louisiana. That means the person must be a potential beneficiary to the estate or a potential heir under Louisiana’s intestate succession laws. They must also have a valid legal reason to contest the succession.
How long does someone have to contest a will in Louisiana?
Generally, you have five years from the date of death to contest a will in Louisiana. However, it is not advisable to wait that long if you have an option. As time passes, it can be harder to access the evidence you need to present your claim. Furthermore, it can be more difficult to undo a succession that is complete than it is to challenge the will in an ongoing succession.
What is a no-contest clause? And how does that impact a will?
Some people include no-contest clauses in their wills in order to limit family disputes over the estate. These clauses may reduce or eliminate a beneficiary’s inheritance if they choose to contest the will. In many cases, Louisiana courts have upheld these clauses. However, they are often evaluated on a case-by-case basis and may not be upheld when a beneficiary contests the will in good faith. If you are a beneficiary to an estate with a no-contest clause, it is essential to have an experienced succession lawyer review the clause.
Contact A New Orleans Will Contest Attorney Today
The Buhrer Law Firm is conveniently located near Lakeside Mall and has readily available street-level parking. To schedule an initial consultation, contact the firm online or by calling 504-541-6997 or 800-636-0784.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
