Mark Melrose handles complex estate and Last Will contests -
These cases can often involve considerable assets and must be handled by an experienced attorney. Sadly, far too often when a person becomes seriously ill friends, family, or just those greedy people who see an opportunity will seek to take advantage of the situation. We are experienced handling cases involving:
- Undue Influence: The Defendant isolates the individual from friends and family who are unable to protect him\her from a perpetrator who uses unlawful tactics to cause a rewriting of the Last Will which often then disinherits children and loved ones. These Last Will can be challenged in a Caveat Proceeding, and the Last Will can be thrown out by the Court.
- Lack of Capacity: The author of the Last Will may not have been mentally competent to make important financial decisions such as signing a Last Will. These can be voided by the Courts.
- Breach of Fiduciary Duty: Often the holder of a Power of Attorney will seek to transfer assets into their own name when they are supposed to only be acting in the best interest of ill person.
- Fraud: Various tactics can be exposed where property and assets are transferred unknowingly from a sickened or mentally infirm person. These transfers of real and personal property can be voided, and the property can be returned to the rightful owner.
Mark R. Melrose handles many of these cases on a contingency basis, so if no assets are recovered from the Estate on behalf of the client, then the client will not owe Melrose Law and attorney's fee. Each situation is different, and we are happy to discuss appropriate options based upon the scope of the work involved.
These cases can be extraordinarily complex, and without the help of an experienced estate law litigation attorney, it is unlikely that a layperson would be able to persuade a Judge to dismiss a Last Will. Please call 828-252-8511 for more information.