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Reasons for a legal dispute concerning a will or trust

When a Louisiana resident creates an estate plan, it is assumed, at least at first, that everything was done in accordance with current law. Later, it may become clear that something could be wrong with either a will or trust. If this happens to you, you may consider initiating a legal dispute. Before moving forward, you first need to determine whether you have grounds to do so.

How the designation of a power of attorney could lead to strife

Many individuals in Louisiana and elsewhere consider it essential to have a strategy in place for the future should they suddenly become incapable of making decisions on their own. Many may choose to have someone else act on their behalf in these instances by naming him or her as power of attorney. There are several instances in which the designation of a power of attorney could lead to strife among the parties involved, perhaps especially among siblings.

Undue influence and the burden of proof

There are a multitude of scenarios in which a person in Louisiana or elsewhere may wish to contest a will. In some cases, one may argue that the creator of the will was subjected to undue influence. However, similar allegations typically aren't enough to invalidate a will on their own, and one must often bear the burden of proving the presence of undue influence in court.

Challenging a will can be a complex process

Many individuals in Louisiana and across the nation consider it essential to have a strategy in place depicting what will happen once they are gone. In some cases, a person may choose to convey his or her final wishes through a will. Although those who wish to contest a will may find it helpful to understand the scenarios in which the document could be deemed invalid, challenging a will can still be a complex process.

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