Skip to main content

Contesting a Will - When it Makes Sense

There are times when a person passes away and leaves behind a will that may surprise (or even shock) the survivors because of who is chosen to receive the assets.

If you've been left out of a will or feel the terms of a will are unfair, there are certain instances when it may be worth challenging the validity of the will in court, such as when:


  • Your loved one didn't seem mentally fit shortly before death but signed or made changes to his or her will during that time frame
  • A lawyer didn't assist in drafting or executing the will (this can increase the chances that the will doesn't conform with state laws). 
  • The will wasn't signed by your loved one or the signature on the document does not appear to be that of your loved one.
  • Undue influence led to changes in the will. This is sometimes seen when caregivers push for changes that benefit them. 
  • There are inconsistencies between beneficiary designations of the will and other aspects of your loved one's estate (life insurance policies, retirement accounts, etc.)
  • You were excluded accidentally. This can occur when a parent names all of your siblings in the will, but the will was drafted prior to your birth.
If you are unsure about the validity of a will or feel it's unfair, contact the Law Office of William J. Luse (843-839-4795) to discuss your situation. These issues are far too complex to try to handle on your own, and the stakes are too high

Comments

Popular posts from this blog

Auto Accidents and Traumatic Brain Injuries

Traumatic brain injuries (TBI) are responsible for the deaths of approximately 50,000 Americans each year and the hospitalizations of roughly 230,000 more. Many more victims go undiagnosed.

Auto accidents are one of the leading causes of TBI. Most TBI's are closed head injuries, which means that trauma sets the brain in motion inside the skull. The brain gets slammed against the interior surface of the skull, resulting in contusions and swelling. 
Trauma can also initiate rotational forces that twist and stretch the brain, which can damage axons. Brain neurons send messages via electrical impulses; axons are the carriers of these impulses. When axons are damaged, brain function is diminished. 
A condition called diffuse axonal injury (DAI) occurs on a cellular level and leaves blood vessels and major brain structures intact. This type of damage cannot be detected by MRIs or CT scans, making DAI vastly under diagnosed and under treated. 
Brain injuries are unlike injuries to other …

Your Rights When You're Pulled Over for a Supected DUI

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over:

"Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us.

"Have you had anything to drink tonight?" If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem unnatura…

The Daily Aspirin Tug-of-War

Aspirin has been shown to reduce the risk of heart attack in people who have already had one. But what if healthy people took a daily aspirin to prevent heart issues to begin with?

Aspirin is a powerful anti-inflammatory agent that helps reduce inflammation that can trigger a heart attack. Prior to 2014, many doctors recommended that those at higher risk for heart trouble - family history, high blood pressure, elevated cholesterol, diabetic, etc. - over age 50, and not at increased risk of bleeding begin taking a low dose of aspirin every day.

However, in 2014 the Food and Drug Administration (FDA) deemed that preventative dosages of aspirin in otherwise healthy people produced more risk than reward. Aspirin can irritate stomach and intestinal tissues, which may lead to ulcers and intestinal bleeding.

There was a push back from the American Heart Association (AHA) and U.S. Preventative Services Task Force (USPSTF), a government- appointed panel of health experts. Although agreeing tha…