Menu Close Menu

Blog

"I can't believe he put THEM in charge of that!"

Posted by Tim Lam | Nov 13, 2013 | 0 Comments

What if you've been looking after the assets or affairs of a living person, but find that they've decided to will those responsibilities to someone else if they become legally incapacitated or incompetent? As the most qualified person, do you have any recourse?

The truth is, the law greatly favors the original authority of the will. The subjective appropriateness of individuals to receive the assets of, or take executive responsibility for, a person in such a situation, is not a consideration that carries weight. Only if the will was created based on some material deception or under duress is there a realistic chance for challenge, and even then this can be difficult to prove.

If you have a disagreement with a parent or loved one regarding your place in their will, your best bet is to try to work things out on a personal level. The headache of a legal challenge in the midst of their death or illness only adds to what is likely to be a traumatic time, and is likely to be of limited value.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Law Offices of Edward C. Ip & Associates

Edwardcip

Our law firm represents homeowners, landlords, tenants, contractors, subcontractors, architects, engineers and material suppliers. Because we have an in-depth knowledge of construction law, real estate law, and property law, we know how to find the facts, ask the right questions and get results.

Contact Us Today!

We try to work out disputes through negotiation, but we will never back down from a court fight. Our Los Angeles construction lawyers and real estate lawyers gather all the facts and then advise you about what makes the most economic sense for you.