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Contract and Trust Litigation

Legal documents such as contracts, trusts, and wills are ubiquitous in personal and business life because they are usually binding and ironclad.

But occasionally, circumstances arise in which the validity of such legal documents is in question, or one of the parties bound by such contracts fails to live up to their duties.

We have helped many clients contest the validity of such contracts, or demonstrate that another party has violated the contract in question. If you are uncertain as to what your legal options are, please contact Toeppen & Grevious, and we will be happy to schedule a consultation.

Contract Disputes

Ostensibly, we sign contracts with the simple understanding that, because both sides have signed the contract, both sides will fulfill their promises. We sign so many contracts every day—mortgages, rent agreements, Terms of Service provided by Internet and cable providers, website registrations—that we take them for granted, and can’t imagine that somebody would possibly renege on their obligations.

But contracts exist to protect each party in a situation where the other party fails to live up to their agreement. That is why society bothers with contracts in the first place: agreements fall through all the time. If you find yourself in a situation where another party has failed to hold up their end of the bargain, or it has become clear that there are issues with a contract that make it difficult to interpret, or should render it altogether null and void, Toeppen & Grevious can help you .

Some of the common types of contract disputes we have helped settle include:

  • Breach of contract;
  • Difficulties with negotiating a contract;
  • Instances in which an offer has been improperly revoked after being accepted;
  • Unintentional errors in the terms of a contract;
  • Disagreements about the interpretation of certain sections or terms;
  • Contract fraud and contracts which turn out to breach state or federal law.

If you find yourself in a contract dispute with another party, we can help you evaluate the situation, and determine what your legal options are, and what choices give you the best chance of achieving a satisfactory outcome.

Contesting Wills and Living Trusts, and Inheritance Disputes

Trusts and wills are some of the most significant legal instruments that most individuals will ever write or sign. These documents are usually binding and difficult to overturn, which really is their purpose in the first place—to serve as practically indisputable records of what an individual’s wishes are in the case of their death or disability.

However, due to oversight or fraud, there are situations in which the validity of a will or trust comes into serious question.

But before you can consider whether or not to attempt to dispute someone’s will or trust, you must establish that you have the necessary standing to do so. Having standing means that you are someone—an “interested person”—who is directly affected by the terms of someone’s will or trust. People who have the standing to challenge a trust or will are those who are connected to someone by way of being:

  • A biological or adoptive child;
  • A spouse or domestic partner;
  • Someone who would typically serve as an heir;
  • A devisee (someone who is named in a will or trust);
  • A creditor;
  • Anyone who would have right to or a claim against a piece of property.

For those who have standing due to being one (or more) of the above, there are many scenarios which can compel someone to contest a decedent’s will or trust. We have handled situations involving wills and trusts that were:

  • Signed or changed by executors or trustees who did not have the capacity to do so (due to being of unsound mind, being underage, or lacking the necessary emotional capacity);
  • Signed by someone who was coerced or manipulated by another interested party;
  • Rendered partially or wholly invalid due to fraud, or being signed under duress;
  • Under the control of trustees or other legal representatives who acted in their own interests, rather than in the interests of the executor or original trustee;
  • Under the control of a trustee who was incapable or unwilling to act in a prudent and adequately communicative manner.

If you are someone with standing in a situation where you feel it is necessary to contest a will or trust, please contact Toeppen & Grevious.

Contestations of wills, trusts, and other documents involving inheritance are some of the most complex legal scenarios to tackle. Having the assistance of someone with the necessary legal and practical expertise is of paramount importance to the success of such legal disputes.

Call us or contact us via our website, so that we can schedule an obligation-free consultation at our office, where we can evaluate your circumstances, and determine what your best possible options are for reaching a desirable outcome.