Seek Effective Legal Solutions From Our Sioux Falls Estate Litigation Attorneys

The loss of a loved one is a difficult and emotional time. Legal disputes over inheritance can make this time even more challenging. If you are struggling with a legal matter that is tied to a will, estate or trust, you do not need to face this situation alone.

In Sioux Falls, the attorneys at HPS Law Firm can assist you. Our attorneys have helped countless estate representatives, beneficiaries, heirs and other parties find solutions to contentious estate and trust problems. Whether you are pursuing legal action or defending against a lawsuit, we will zealously advocate for you.

Handling Your Legal Concerns With Skill And Discretion

Unfortunately, it is not uncommon for emotions to run high when family members and other parties learn about the terms of a will or a trust. Individuals may challenge provisions, alleging fraud or other forms of deception. Engaging in legal action can be a lengthy, costly and stressful undertaking.

As our client, you can rely on our attorneys to move quickly to address issues before they escalate and become even more difficult to resolve. Our attorneys are well-versed in South Dakota’s estate and trust laws. They use this knowledge to assess your situation and identify the most effective path forward.

We offer skilled counsel to clients involved in conflicts related to:

• Fiduciary misconduct: This occurs when a trustee or executor fails to act in the best interest of the beneficiaries, which can lead to financial harm or loss.
• Trust fraud: Deceitful actions designed to manipulate or alter the terms of a trust for personal gain, often at the expense of rightful beneficiaries.
• Removal of a trustee: If a trustee is not fulfilling their duties appropriately, you may seek legal action to have them replaced with someone more trustworthy.
• Beneficiary disputes: These arise when beneficiaries disagree over their shares or the management of the trust, requiring resolution through legal means.
• Forgery: The falsification of documents, such as wills or trust agreements, to change the distribution of assets.
• Improper executions: If wills and certain other estate documents have not been signed correctly or in the presence of witnesses, they may be deemed invalid.
• Undue influence: It is sadly common for individuals to exert excessive pressure on a person creating a will or trust, resulting in decisions that do not reflect the true wishes of the testator.

You may suspect that one of the misdeeds above has occurred, but proving it is often difficult or impossible on your own. It is worth discussing your concerns with one of our attorneys, who could advise you on next steps.

Can Estate Disputes Be Resolved Out Of Court?

Our attorneys are mindful of the harmful impact that these types of conflicts have on your relationships and your finances. As your advocate, we will use our legal insight to seek out a practical and discreet approach that allows you to conclude proceedings promptly and move on.

We will pursue private negotiations when parties are open to problem-solving without courtroom intervention. When necessary, however, we will not hesitate to assert your rights in court. Throughout the state, our trial lawyers are known for building compelling arguments that resonate with judges and get results.

Answers To Common Questions About Estate Litigation

Below, we’ve answered some questions you may have as you consider your legal options in an estate or trust dispute.

What are common reasons to dispute the validity of a will?

In South Dakota, there are several reasons why you might question the validity of a will. One common reason is if you believe the person who created the will, known as the testator, did not have the mental capacity to understand what they were doing at the time. Another reason could be undue influence, where someone pressured the testator to make certain decisions in the will. Fraud is also a factor, which involves deception that led to the creation of the will. Finally, improper execution of the will, such as not meeting the legal requirements for signing and witnessing, can also lead to disputes.

Who can be held accountable for estate or trust disputes?

Several parties might be held accountable (named as defendants) depending on the situation. Executors, trustees or personal representatives may be liable if they fail to fulfill their duties responsibly. Additionally, if beneficiaries or other parties have engaged in wrongful conduct, they might also be held accountable. When it comes to who can initiate a lawsuit, potential plaintiffs include beneficiaries, heirs or any interested parties who feel that the estate is being mismanaged or that they have been wronged.

How can I contest a will in South Dakota?

If you believe there is a valid reason to contest a will in South Dakota, the first step is to file a petition with the probate court. This petition should clearly state your reasons for contesting the will (such as those listed above). It’s important to gather evidence to support your claims, as the burden of proof lies with you. An experienced attorney can help guide you through the legal process, ensuring your rights are protected and your interests are adequately represented in court.

Learn More About Our Services Today

Talk to a highly regarded attorney about your estate or trust matter during your consultation. You can reach our firm via email. You may also reach us by dialing us at 605-252-9277.