Probate is the process whereby the assets of a deceased person are distributed to the heirs and family members as provided in a Will or through intestate succession.
A Will Contest is a form of litigation in which family members challenge the validity of the Will submitted to the court for probate.
Attorney James Bendell is an experienced probate attorney who assists family members serving as personal representatives of an estate in Kootenai County area. The probate process includes gathering the deceased’s assets, inventorying them, paying the expenses of the deceased’s last illness and burial, paying creditor claims, distributing the remaining estate assets to the beneficiaries, preparing an accounting, and closing the probate case.
James Bendell also represents beneficiaries when they are concerned that the personal representative may not be properly administering their loved one’s probate estate.
To schedule a free initial consultation with James Bendell, where he is Of Counsel to the Grupp Law Firm, call (208) 665-4600.
Idaho Representation for Out-of-State Clients
If you live in another state and a relative of yours, living in Idaho, has recently died — attorney James Bendell can provide you with whatever type of legal representation you need. James routinely represents out-of-state clients with Idaho probate administration concerns as well in probate litigation matters. James endeavors to communicate with out-of-state clients in writing, by phone and fax, by e-mail, and by using overnight delivery services when necessary. He uses the most cost effective means to communicate with his clients. His goal is that his out-of-state clients do not have to come to Idaho unless they wish to do so or a hearing is held at which they must appear personally. It is also possible to request that a party be allowed to appear at hearings by telephone.
Contest a Will
When the provisions of a Will are in dispute due to questions of competency, undue influence, or a relative’s right to serve as the estate’s personal administrator, a Will may be contested. Attorney James Bendell is an attorney with three decades of trial experience, including experience litigating probate matters and Wills. In cases involving questions of competence and undue influence, James will consult experienced psychologists and interview witnesses to determine if changes to a Will were the result of undue influence or a lack in mental capacity. When disputes involve creditors and debt, James can work with forensic accountants in order to determine the actual value of an estate and any debt held against it.
Regardless of whether someone is challenging the terms of a Will or you believe a Will needs to be contested, attorney James Bendell has the resources and experience needed to represent you. To schedule a free consultation, contact James Bendell, who is Of Counsel to the Grupp Law Firm.
Undue Influence and Contested Wills
When elderly people fall victim to manipulative neighbors or relatives, they may be convinced to change the terms of their Will. Sometimes changes are made without other family members being notified and often by a different attorney than the one who prepared the original Will. In order to establish undue influence or lack of mental incapacity to execute a Will, medical records, eyewitness testimony, and other information about the deceased must be gathered by a Will contest attorney.
We may ask medical professionals and psychologists to evaluate the medical condition of the deceased to determine if they had the mental capacity needed to understand the documents signed.
Defending against a Contested Will
There are also cases in which angry or dissatisfied family members attempt to take advantage of vague or imprecise language in a Will. In these situations, allegations may also be leveled against the named executor regarding how assets are divided or parceled out among heirs. James Bendell has the experience and capability needed to defend against Will contests and to establish the facts in favor or his clients.
Contact Contested Wills Attorney James Bendell, who is Of Counsel at The Grupp Law Firm
If you are facing a contested Will proceeding or believe a Will should be contested, contact attorney James Bendell today. During a free consultation, he will evaluate your case and discuss the legal options available to you.