Your Trusted Legal Resource

What decedent transactions can I challenge?

On Behalf of | Jun 7, 2024 | Estate Litigation |

It can be typical for individuals to prepare when expecting to pass on in the near or distant future. Sometimes, an illness or old age can spur someone to create arrangements, considering they are already foreseeing legal issues that could arise after their death. These concerns can involve their estate, personal affairs or financial obligations. Still, these actions and decisions may become suspicious under specific circumstances, making it possible to challenge them before or during probate based on the situation.

Challenging the decedent’s actions appropriately

If you suspect that fraud or other unethical occurrences happened behind the decedent’s actions, you could challenge them appropriately. These decisions or arrangements can include the following:

  • Drafting a will or suddenly updating it unnecessarily
  • Making changes to deeds or titles of properties
  • Gifting high-value assets to specific people
  • Creating agreements that involve the decedent’s estate or assets
  • Other transactions or contracts that may have happened suspiciously

The challenge can also depend on the reason behind it. You could raise your concerns if they have a valid basis, such as reasonable grounds to believe that coercion or manipulation was behind the decedent’s action. Additionally, issues can stem from other factors, such as a will not meeting technical requirements or the decedent’s mental incapacity when they created it.

Understanding when to challenge a transaction

When challenging transactions after the decedent’s death, you may need to review many considerations before taking legal action. These matters can be complex, especially if the decedent’s behavior and actions were naturally unpredictable shortly before passing on. In these instances, seeking legal counsel can help you determine if litigation is necessary, considering the decedent’s estate plan and other parties involved in the process.