Oklahoma City Trust & Estate Litigation Lawyer
Establishing the validity or invalidity of Wills, Trusts, family distribution agreements, and other estate planning documents in Oklahoma probate court proceedings or in any kind of lawsuit can prove legally challenging and complex. In many cases, these types of legal disputes arise over assets and property rights, determining heirs of an estate, determining whether a Will is valid or invalid in probate court proceedings, and more.
The experienced Oklahoma City, OK trust and estate litigation attorneys at Entz Burton & Associates can help you understand all of your legal options if it appears that any estate planning document may need a court to determine its validity or claim. Contact our compassionate and dedicated trust and estate litigation attorneys in Warr Acres, Oklahoma, at 405-773-9800 today to learn how to protect your legal and financial rights throughout the state of Oklahoma.
Understanding Trust & Estate Litigation
An estate consists of a person’s property and assets less all outstanding obligations at the time of death. A person who dies without an effective Last Will and Testament (Will) is said to have died “intestate”, and Oklahoma intestacy laws govern what happens to that person’s estate because no formal instructions have been left. However, even when a person has executed estate planning documents, these legal documents can be contested after their death. In many cases, these disputes occur between trustees and beneficiaries or executors and heirs.
It is important to know that every estate plan dispute has two sides to the story, and the parties should consider visiting with an experienced attorney who can advocate for their interests. You want someone you can trust, not only with your case but also with your family’s future. Without understanding all of your legal options, you may lose the legal rights to which you are entitled to under the law.
Defending Contested Wills and Trusts
Our attorneys handle contested Wills and Trusts where a document is challenged in court proceedings such as where the validity of a Will or Trust is contested. The experienced Oklahoma trust and estate litigation attorneys at Entz Burton & Associates can help you understand all of your legal options if it appears that someone is incorrectly challenging your loved one’s estate planning documents or if you believe that a document has not been validly executed and need to initiate a contest. We also defend trustees in breach of trust and other related actions.
We help protect clients and their families against allegations that they were not mentally competent to make decisions about their own care, that the person’s estate has been improperly distributed or resolved, that their signature on a Will or other document has been forged, or that they were not of sound mind when an estate planning document was executed and therefore lacked testamentary capacity to make a valid bequest, among other issues.
Proving Undue Influence or Lack of Testamentary Capacity
Conversely, our experienced estate planning attorneys can also help families prove that their loved one suffered from undue influence or lack of testamentary capacity. Unfortunately, in many cases, an elderly person will suffer from manipulation from a caregiver or other close family member or friend. In these cases, the elderly person is unduly influenced to change their estate planning documents due to their illness or incapacity and dependence upon the influencing party. If a person signed a Will or Trust in front of an advisor who had undue influence over them, we can help you prove that your loved one’s signature was not valid or voluntary. In order to evidence lack of testamentary capacity to sign a Will or Trust, it must be proven that the signing party does not have knowledge about the nature and extent of his or her property, his or her family members (“the natural objects of one’s bounty”), or the effect of signing the Will or Trust. If someone is pressuring another to make decisions about their family member’s life care plan and property distribution, then it could be considered financial abuse. Our Oklahoma estate planning attorneys can help families prove undue influence from caregivers or other people close to their family member and ensure that they receive the assets from their loved one’s estate according to their original wishes.
Legal Disputes Over Business Ownership
If a situation occurs where the ownership of a business is being challenged in probate court proceedings, our attorneys can help you with these types of legal disputes. Business ownership disputes within the probate process can often be more complicated than other types of disputes because there are usually Agreements along with specific Oklahoma statutory provisions that govern the transfer and distribution of a business in probate. In some cases, these disputes can rise to the level of litigation.
Learn How Our Experienced Oklahoma City Trust & Estate Litigation Attorneys Can Help You Today
The law firm of Entz Burton & Associates has been handling cases involving contested Wills, Trusts, and estate litigation for over 30 years in the state of Oklahoma. We are committed to providing the highest level of legal services at reasonable rates. Our experienced Oklahoma City estate planning attorneys work hard to ensure that our clients’ rights are protected in every way possible. If you are facing the possibility of trust or estate litigation, consider visiting with our experienced Warr Acres, Oklahoma trust and estate litigation attorneys at 405-773-9800 today.
