When a loved one passes, emotions run high, and family dynamics can become strained, especially when it comes to the distribution of assets through a will. In Maryland, navigating disputes and contested wills requires understanding of probate law and a skilled legal team by your side. Read on to learn more from Blackford & Flohr.

Understanding Disputes and Contested Wills

What Constitutes a Contested Will?

A contested will occurs when one or more parties challenge the validity or terms of a decedent’s will. Disputes may arise for various reasons, including:

• Allegations of undue influence
• Lack of capacity
• Fraud
• Duress
• Ambiguity or uncertainty in the language of the will
• Improper execution of the will

In Maryland, contesting a will typically involves filing a petition with the Orphans’ Court, which oversees probate matters.

Common Grounds for Disputes

1. Undue Influence

Undue influence occurs when someone exerts pressure or influence over the testator, causing them to make decisions that they would not have otherwise made. This could involve:

• Threats
• Manipulation
• Coercion
• Isolation of the testator from family and friends
• Excessive insistence or persuasion
• Exploitation of the testator’s vulnerabilities, such as age or health issues

Signs of undue influence may include sudden changes to the will that benefit one individual over others, isolation of the testator from family and friends, and evidence of the influencer’s control or dominance over the testator’s decisions.

2. Lack of Capacity

A will is only legally valid if the testator was of sound mind and understanding at the time of its execution. Lack of capacity refers to situations where the testator was unable to comprehend the nature and consequences of their actions when drafting or modifying their will. This could be due to factors such as:

• Advanced age
• Cognitive impairment
• Mental illness
• The influence of medication

Signs of lack of capacity may include confusion, disorientation, memory loss, and an inability to articulate or understand the terms of the will.

3. Fraud

Fraudulent wills involve situations where the document itself is forged or falsified in some way. This could include:

• Signatures being forged
• Pages being substituted or altered
• False representations being made to the testator regarding the contents of the will

Fraud may also involve the intentional concealment of information or the misrepresentation of facts to deceive the testator or beneficiaries. Detecting fraud often requires a thorough examination of the will, including forensic analysis of handwriting and signatures, as well as an investigation into the circumstances surrounding its creation and execution. Your wills and trusts attorney can help you with this.

4. Duress

Duress occurs when the testator is compelled to make decisions under threat or intimidation. This could involve physical force, verbal threats, or other forms of coercion that create an atmosphere of fear or pressure. Duress may be exerted by family members, caregivers, or other individuals seeking to influence the testator’s decisions for their own benefit. Signs of duress may include a sudden and drastic change in the testator’s behavior or demeanor, as well as evidence of intimidation or control by another party.

5. Ambiguity or Uncertainty

Disputes can arise when the language of the will is unclear or open to interpretation. Lack of clarity in the will’s provisions can lead to confusion and disagreement among beneficiaries. This may result in litigation to determine the testator’s intentions. Resolving disputes over ambiguous wills often requires careful analysis of the document’s language, as well as consideration of extrinsic evidence such as the testator’s statements or actions prior to their death.

6. Improper Execution

For a will to be legally valid in Maryland, it must comply with certain formalities outlined in state law. Improper execution refers to situations where the will fails to meet these requirements, making it invalid. Common reasons for improper execution may include:

• Absence of witnesses
• Failure to sign the document in the presence of witnesses
• Failure to meet other statutory requirements

Disputes over improper execution may arise if beneficiaries believe that the will does not reflect the testator’s intentions accurately due to procedural errors.

The Legal Process: What to Expect

Initial Assessment and Investigation

This process aims to gather relevant evidence and information to support your case. This may include:

• Reviewing the contested will and related documents
• Interviewing witnesses
• Obtaining medical records or expert opinions regarding the testator’s mental capacity
• Analyzing the circumstances surrounding the execution of the will, including any potential signs of undue influence or fraud

Mediation and Settlement Negotiations

In many instances, disputes over wills can be resolved outside of court through mediation or settlement negotiations. During this phase, parties involved in the dispute, along with their lawyers, work together to reach a mutually agreeable resolution. Mediation offers a collaborative and non-adversarial approach to resolving conflicts. Skilled negotiators can help facilitate productive discussions and guide parties towards a fair and equitable settlement that addresses their needs and protects their interests.

Litigation and Court Proceedings

If mediation or settlement negotiations fail to produce a satisfactory resolution, the dispute may proceed to litigation and court proceedings. This typically involves filing a formal lawsuit and presenting the case before a judge or jury. During litigation, each party presents evidence, calls witnesses, and argues their case before the court. Legal proceedings may include hearings, motions, and other pre-trial procedures aimed at resolving legal issues and clarifying the facts of the case.

Why You Need a Maryland Wills and Trusts Attorney

Navigating probate law and contested wills can be daunting, especially during a time of grief and emotional distress. Having an experienced Maryland wills and trusts attorney on your side is the best way to ensure your rights are protected throughout the entire process.

Expertise in Maryland Probate Law

Maryland’s probate laws are complex and can be different from other states. A skilled probate attorney specializing in wills and trusts will have a deep understanding of Maryland’s specific legal requirements and procedures. This will ensure that your case is handled with precision and accuracy.

Advocacy in Court

In contested will cases, emotions can run high, and disputes may escalate into litigation. A knowledgeable Maryland probate lawyer will advocate for your interests in court, presenting arguments and evidence to support your case. Their expertise can increase your chances of a favorable outcome.

Protection of Your Rights

Disputes over wills can involve complex legal issues and tense family dynamics. Without a lawyer, you may risk having your rights infringed upon or your interests overlooked. An attorney will serve as your advocate, ensuring that your voice is heard and your rights are protected.

Negotiation Skills

Many contested will cases are resolved through negotiation or mediation outside of court. A skilled attorney will have strong negotiation skills, allowing them to communicate with opposing parties and work towards a favorable settlement on your behalf. Their ability to navigate delicate negotiations can make the process smoother and achieve the resolution of your case.

Conclusion

Dealing with disputes and contested wills can be challenging. However, with the best Maryland probate attorney by your side, you can rest assured your rights are being protected. They can provide invaluable support throughout the entire process. If you are dealing with a dispute over a will, don’t hesitate to reach out to a qualified attorney who can provide the guidance and representation you need to achieve a favorable outcome.

Contact Us

At Blackford & Flohr, we provide compassionate and personalized legal services throughout Maryland. Contact us today to schedule a consultation and learn how we can help you with contested wills.