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
- 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
- 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.
- 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.