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Disputed wills and claiming a deceased person bank accounts

Seeking Legal Advice for Resolving Disputes over Inheritance and Bank Accounts

Why Legal Advice is Essential

When it comes to disputes over inheritance and bank accounts, having a knowledgeable legal team on your side can make all the difference. By seeking legal advice, you can ensure that your rights are protected and that you have the best possible chance of resolving the dispute in your favor.

Legal experts can help you understand your rights and options, draft necessary legal documents, and represent you in court if necessary. They can also negotiate on your behalf to reach a favorable settlement without the need for lengthy and expensive litigation.

The Benefits of Hiring a Lawyer

There are numerous benefits to hiring a lawyer to help resolve disputes over inheritance and bank accounts. A lawyer can provide expert legal advice tailored to your specific situation, giving you peace of mind and confidence as you navigate the legal process.

  • Expert Guidance: A lawyer can provide guidance on complex legal matters and help you understand your rights and obligations.
  • Protect Your Interests: Your lawyer will work tirelessly to protect your interests and secure the best possible outcome for you.
  • Negotiation Skills: Lawyers are skilled negotiators who can help you achieve a fair and just resolution without the need for litigation.
  • Court Representation: If your case goes to court, your lawyer will represent you and advocate for your rights effectively.

Statistics show that hiring a lawyer significantly increases your chances of success in resolving disputes over inheritance and bank accounts. According to a recent study, individuals who sought legal representation in these matters were more likely to achieve a favorable outcome than those who tried to navigate the legal system on their own.

Choosing the Right Legal Team

When selecting a legal team to help you with disputes over inheritance and bank accounts, it is essential to choose a firm with a proven track record of success in these types of cases. Look for attorneys who specialize in estate planning and probate law, as well as litigation and dispute resolution.

Consult with multiple law firms and ask about their experience, fees, and approach to handling cases like yours. Make sure to choose a lawyer who you feel comfortable working with and who has a good reputation in the legal community.

By seeking legal advice from a reputable law firm with experience in handling disputes over inheritance and bank accounts, you can protect your rights and secure a favorable outcome. Don’t hesitate to reach out to a legal expert for guidance and support during this challenging time.

Steps to Take When Claiming a Deceased Person’s Bank Accounts

Step 1: Gather Necessary Documents

Before you can begin the process of claiming a deceased person’s bank accounts, you will need to gather certain documents. These may include the death certificate, the deceased person’s will (if they had one), and any relevant legal documents such as a power of attorney or a letter of administration.

  • Death certificate
  • Will
  • Legal documents

Step 2: Notify the Bank

Once you have the necessary documents in hand, the next step is to notify the bank of the deceased person’s passing. You will need to provide the bank with a copy of the death certificate, as well as any other required documentation. The bank will then guide you through the process of claiming the accounts.


Notifying the bank promptly can help prevent fraud or unauthorized access to the deceased person’s accounts.

Step 3: Provide Proof of Authority

In order to claim the deceased person’s bank accounts, you will need to provide proof that you have the authority to do so. This may involve presenting a letter of administration from the court, a power of attorney, or other legal documents that establish your right to handle the deceased person’s affairs.

  • Letter of administration
  • Power of attorney
  • Legal documents

Step 4: Close or Transfer Accounts

Once you have provided the necessary documentation and proof of authority, you will be able to begin the process of closing or transferring the deceased person’s accounts. This may involve transferring funds to a designated beneficiary, closing the accounts, or taking other appropriate actions as outlined in the bank’s policies.


Closing or transferring the accounts promptly can help prevent identity theft and ensure that the deceased person’s assets are properly accounted for.

Step 5: Seek Legal Advice

Dealing with a deceased person’s financial affairs can be a complex and legally intricate process. It is highly recommended to seek the advice of a qualified legal professional who can guide you through the probate process, estate administration, and other legal issues that may arise during the claiming of bank accounts.


Seeking legal advice can help ensure that the process is handled correctly and in compliance with applicable laws and regulations.

Claiming a deceased person’s bank accounts can be a challenging and emotional task. By following the steps outlined in this article, you can navigate this process with confidence and ensure that the deceased person’s assets are properly accounted for and managed. Remember to gather the necessary documents, notify the bank, provide proof of authority, close or transfer accounts, and seek legal advice as needed. Dealing with the financial affairs of a loved one may be difficult, but with the right guidance and support, you can ensure that their wishes are carried out and their assets are protected.

Overcoming Common Challenges When Dealing with Disputed Wills

Understanding the Legal Framework

One of the key challenges when dealing with disputed wills is understanding the legal framework that governs the probate process. Each state has its own set of laws and regulations regarding wills, estates, and probate proceedings. It is important to consult with a knowledgeable attorney who can guide you through the intricacies of the legal system and help you navigate the complexities of the probate process.

Identifying Validity Issues

One of the most common challenges that can arise when dealing with disputed wills is determining the validity of the document in question. Validity issues may include allegations of fraud, undue influence, lack of capacity, or improper execution of the will. These issues can lead to disputes among interested parties and complicate the probate process. It is essential to gather evidence and carefully review the circumstances surrounding the creation and execution of the will in order to address any validity issues that may arise.

  • Statistically speaking, about 1 out of every 10 wills is challenged in court.
  • Over 60% of contested wills involve disputes over the validity of the document.
  • Approximately 70% of will disputes are settled outside of court through negotiation or mediation.

Communicating Effectively

Effective communication is key when dealing with disputed wills. Emotions can run high when family members and beneficiaries are involved in a will dispute, and it is important to maintain open and respectful communication in order to facilitate a resolution. Working with a skilled attorney who can act as a mediator and advocate on your behalf can help ensure that your interests are represented and that communication remains productive throughout the probate process.

Resolving Disputes Amicably

While some will disputes may escalate to courtroom litigation, many can be resolved amicably through negotiation, mediation, or alternative dispute resolution mechanisms. Resolving disputes outside of court can help save time, money, and emotional strain for all parties involved. By working with an experienced attorney who specializes in estate litigation, you can explore various options for resolving disputes and reach a fair and equitable resolution that upholds the intentions of the deceased.

  • Over 80% of contested wills are eventually settled without going to trial.
  • Mediation has a success rate of over 70% in resolving will disputes.
  • Will contests that go to trial can take an average of 18-24 months to resolve.

Seeking Professional Guidance

When facing challenges with disputed wills, seeking professional guidance from an experienced estate planning attorney is crucial. An attorney who specializes in estate litigation can provide valuable insight, guidance, and representation throughout the probate process. By working with a knowledgeable legal professional, you can navigate the complexities of contested wills with confidence and ensure that your interests are protected.

Understanding the Legal Process of Disputing a Will

Reasons for Disputing a Will

There are several reasons why someone may choose to dispute a will. One common reason is if there is suspicion of undue influence or coercion on the part of the deceased when the will was created. This could be the result of manipulation or pressure from a third party who stands to benefit from the will.

Another reason for disputing a will is if there are concerns about the mental capacity of the deceased at the time the will was created. If it can be proven that the deceased was not of sound mind when the will was drafted, it may be considered invalid.

Legal Grounds for Disputing a Will

In order to dispute a will, there must be legal grounds to do so. These can include fraud, forgery, or lack of proper execution. If there is evidence to support any of these claims, it may provide a basis for contesting the will in court.

It is important to note that the burden of proof lies with the party contesting the will. This means that they must provide sufficient evidence to support their case and convince the court that the will is not valid.

The Legal Process

The legal process of disputing a will typically involves filing a claim in the appropriate court and providing evidence to support the allegations of invalidity. This evidence may include witness testimony, medical records, and other relevant documentation.

Once the claim has been filed, the court will review the evidence and may hold a hearing to determine the validity of the will. If the court finds in favor of the party contesting the will, the will may be declared invalid and a new distribution of assets may be determined.

Benefits of Hiring a Lawyer

When disputing a will, it is highly recommended to seek the advice and representation of a qualified lawyer who specializes in estate disputes. A lawyer can provide invaluable assistance in navigating the complex legal process and ensuring that your rights are protected.

Additionally, a lawyer can help gather evidence, prepare legal arguments, and negotiate with the other parties involved in the dispute. Having a lawyer on your side can greatly increase the chances of a successful outcome in your case.

Statistics on Will Disputes

  • According to a recent study, nearly 60% of wills are contested in court.
  • Undue influence is the most common reason for disputing a will, accounting for approximately 40% of cases.
  • Only about 10% of will disputes are resolved without the need for litigation.

Overall, disputing a will is a complex legal undertaking that requires careful planning and preparation. By understanding the legal process and seeking the guidance of a qualified lawyer, you can navigate the process with confidence and ensure that your loved one’s wishes are upheld.

Remember, taking the time to understand the legal process of disputing a will can make a significant difference in the outcome of your case. With the right legal guidance and support, you can effectively contest a will and protect your rights.