Brian O’Connell Tells Why You Need an Experienced Probate Litigator On Your Side

Brian O'Connell, Estate Trial Lawyer of West Palm Beach

January 2, 2021

Why You Need an Experienced Probate Litigator On Your Side

Brian O’Connell Trust Lawyer Palm Beach On Why You Need An Experience Probate Litigator On Your Side


There are several times when an experienced probate litigation lawyer can help. According to Brian O’Connell trust lawyer West Palm Beach, some of the most common include the following situations.


Arguing Diminished Mental Capacity

Sometimes, a loved one that passes away may not be mentally competent. This may lead to a will that seems out of character, illogical, or incorrect for another reason.


When this is true, a beneficiary may be able to contest the will to a more favorable outcome. Brian O’Connell explains that arguing diminished mental capacity can be a difficult feat, so it is essential to have a probate litigation attorney help fight the battle.


Fighting Undue Influence

There are times that a person in power takes advantage of someone who is partially or mentally incapacitated. They might use their influence to have the decedent change their will. This is called undue influence. When an heir suspects this has occurred, it is imperative to have an attorney on their side to help make their case.


More Than One Family

Marriage does not always work out the first time around. Second and even third marriages are common. Unfortunately, all of these families may not be treated equally in a will.


For example, a man might marry twice and have children from both marriages. The children from the first marriage might feel as though the will divides assets unfairly. A probate litigation lawyer like Brian O’Connell can help the first family fight to fix it. 


Fiduciary Irresponsibility

When someone makes a will or sets up a trust, they typically assign an executor or trustee to act as a fiduciary. It is that person’s job to follow and fulfill the requirements of the will.


Unfortunately, not everyone does this. Whether it is out of a lack of attention to detail, a lack of effort, or only out of greed, some people do not fulfill their fiduciary responsibilities. Brian O’Connell says it’s important to have an experienced probate litigator, in this case, to help necessary changes get made.


Let Brian O’Connell Trust Litigation Lawyer Palm Beach Help You

If you are contesting a will or trust for any reason, don’t do it on your own. With the right attorney, you have a higher chance of a desirable outcome.


Brian O’Connell Trust Litigation Lawyer West Palm Beach has years of experience to bring to the table. Give him a call today for help with all of your litigation matters.