Will & Trust Contests
Indianapolis, Indiana Trusts and Will Contests Attorney
A will contest may be brought by an heir, executor, beneficiary, family member or third party for a variety of reasons. At Cremer & Cremer, we are experienced in estate planning as well as in pursuing or defending will and trust contests. We understand the emotional difficulties that can be tied up in inheritance disputes.
Our attorneys will take the time to understand your concerns, objectives and interests. We are litigators focused on the rights of our clients and will take every necessary action to effectively resolve your case. Contact us for an immediate consultation or case evaluation.
Our trusts and will contests attorneys are experienced in cases involving:
- Undue influence
- Mental unsoundness
- Breach of fiduciary duty
- Abuses in the use of Powers of attorney
- Fraud
The statute of limitations in will contests is very short. If you are considering an investigation or the pursuit of a will contest, please contact us as soon as possible to protect your rights.
Capacity to create a will
The legality of a will depends, in part, on the capacity of the person to create a will. A person must be able to come to their own decision to create a will and make determinations of how assets should be distributed. In cases of the elderly, there is often an amount of diminished capacity that will occur naturally. They may be weakened to the point that others may influence their decisions.
Our firm is experienced in bringing cases on behalf of heirs who feel that a will may have been the product of an unsound mind. Diseases like Alzheimer’s cannot be definitively diagnosed until after death, but dementia can be diagnosed through memory loss. We will collect and review medical records of the decedent to determine soundness of mind issues and evaluate the capacity to make a valid will.
Estate planning and undue influence
Persons who occupy a fiduciary or confidential relationship (lawyer, doctor, clergyman, guardian, to name a few) are held to a high standard in their dealings with the vulnerable. The law presumes that when such a person receives a benefit from the weak, the aged, and the infirm, such benefit was the result of undue influence. Our attorneys have handled many cases involving the prosecution and defense of undue influence claims.
Contact Cremer & Cremer for an initial consultation or case evaluation with an experienced Indianapolis, Indiana estate planning, will and trust contest and power of attorney lawyer. For over 40 years we have offered a tradition of service, advocacy, and results to business and individual clients statewide.
