Estate Litigation/Will Contest Litigation

Virginia Estate Litigation Attorney

Obenshain Law Group brings nearly 30 years of experience to individuals and family members throughout Virginia, including those struggling with estate, probate and will contests, disputes and litigation. With extensive experience in these disputes, we understand the strain they place upon families. Our attorneys are prepared to take the time to get to know you and address your concerns. We can explain your rights and provide counsel to parties who either want to contest a will or who are forced to defend a will being contested.

Our Estate and Will Contest Litigation Practice

Our team is proud to represent individuals and families involved in will contest, probate or estate litigation and will accept a wide range of cases, such as:

  • Will Contests – These disputes arise when a party challenges a will based on concerns regarding the mental capacity of the individual who executed the will, concerns about whether the person signing the will did so voluntarily or because they were forced by someone else to do so, or because the document was executed improperly.
  • Trust Litigation – The team at Obenshain Law Group can provide litigation strategies to defend or challenge a trust's management or validity.
  • Breach of Fiduciary Duty – We provide counsel to individuals and families where there are concerns about whether a trustee, executor or other fiduciary has acted in the best interest of the beneficiaries as opposed to his own personal interest.
  • Undue Influence – This is the most common basis for challenging a will or trust and this theory may apply where a person is manipulated or persuaded to sign a will, trust or other legal document, not because they want to do so, but because they were pressured or forced into doing so. These are difficult cases to prove, however, they can be proved by circumstantial evidence.
  • Lack of Capacity – In order to execute a valid will, trust or other document, the person signing must have the mental capacity to understand the contents of the document, the effect of signing and to understand the nature and extent of the estate and the natural bounties of their affections.
  • Power of Attorney Abuse – A Power of Attorney document provides broad authority for the recipient to act on behalf of the signer. When the recipient makes decisions that benefit himself rather than advancing the interests of the signer, this can provide the basis for a claim that the Power of Attorney has been misused.

Our attorneys have more than 25 years of experience in handling complex litigation including will contest. We have tried will contest cases throughout Virginia. We handle disputes of estates of all sizes, ranging from less than $250,000 to tens of millions of dollars.

Experience

  • Successfully represented a family friend who the decedent named as the sole beneficiary of her estate in a will contest upon evidence that the family had broken contact with the decedent.
  • Successfully represented the step-daughter of a decedent in an undue influence will contest case where she was cut out of a will in favor of the decedent's housekeeper and stock broker.
  • Successfully represented the children of a decedent after they were disinherited in lieu of a second wife in a late in life marriage.
  • Successfully represented an adult child in mediation in an undue influence will contest case where an elderly father with early dementia executed a new will disinheriting him and giving his share of the estate to children from a later marriage.

If you have any questions regarding a estate legal situation, call Mark Obenshain today.