Joplin Undue Influence Lawyer
When an elderly person changes his or her will to favor one beneficiary at the expense of another, long-simmering family disputes can boil over. At Copeland & Brown, our lawyers handle litigation over wills and trusts in Joplin, Carthage, Neosho and throughout southwest Missouri.
The following are examples of the types of probate disputes our lawyers handle:
- Will contests
- Breach of fiduciary duty by an executor of a will, trustee of a trust, guardian or agent under a power of attorney
- Fraudulent real estate transfers
- Theft of assets by a executor, trustee, guardian or agent
In addition to handing disputes, our lawyers are available to supervise the probate process to ensure your interests are protected.
When Can a Missouri Will Be Contested?
In Missouri, a will can be contested for a number of reasons:
- Improper execution
- Undue influence by a caretaker or person in position of trust
- Evidence of forgery
- Additional claimants under a will
- More recent versions of the will
- Mental incompetence on the part of the person making the will
One of the most common situations that gives rise to a will contest is when an elderly person changes his or her will to favor a caretaker. This often gives rise to a claim of undue influence against the caretaker.
If a claim of undue influence is proven, the will may be set aside. Changes to a trust or real estate deed transfers may also be set aside if there is undue influence or if the person making the change is incompetent, vulnerable or otherwise defenseless.
For More Information About Trust and Probate Litigation
To speak with our Joplin probate litigation attorneys, please call 417-622-4348 or fill out the contact form on this site. Weekend, evening and home appointments available.
