Most people want high quality, cost effective legal representation in a family law or estate litigation matter. Greg Abel provides clients with a range of options and strategies for bringing their matter to an effective conclusion. Some matters are resolved without the client ever having to go to Court. Some cases are resolved after hearings, but before trial. Then there are matters when proceeding to Court is the client’s only option. The ultimate path taken depends on many factors such as the complexity of the issues involved, the degree of cooperation between respective parties and their attorneys and the extent to which both parties have had the benefit of being well-informed by their attorneys. If you cannot achieve an agreeable result outside of Court, Greg is an aggressive advocate with 29 years of litigation experience. In addition to Family Court, Greg also represents clients in Estate Litigation.
Marital Settlement Agreements and Pre/Post Marital Agreements
Premarital agreements are formal written expressions executed by prospective spouses in contemplation of marriage, to be effective upon marriage. They deal with the parties’ present and future property rights, spousal support, and other related matters arising from the marital relationship.
Postnuptial or Marital Agreements are executed by the parties during marriage and affecting marital rights and obligations arising from an ongoing marriage.
Marital Settlement Agreements are executed for Dissolution of the marriage or legal separation purposes and generally understood as referring to an agreement that resolves the parties’ marital property and other rights and obligations arising from the dissolution or legal separation. Typically, marital settlement agreements are incorporated into a final Judgment of Dissolution.
Wendt & Abel provides legal counsel and courtroom representation to heirs and potential heirs, beneficiaries, trustees, executors, personal representatives and third-parties involved in a dispute over a will, a trust, or an estate. If you believe that you were treated unfairly in a will or trust, or that there has been mismanagement of an estate, or if you are facing charges of mismanagement yourself, contact us online at firstname.lastname@example.org or call (805) 543-3287 to schedule a consultation.
Attorney Abel has represented parties in probate and estate litigation to protect or restore rights by:
- Removing an executor or trustee
- Authenticating a will (proving that a will is genuine)
- Proving that an individual was of sound or unsound mind at the time estate documents were executed
- Proving that an individual was or was not unduly influenced at the time estate documents were executed
- Determining the intentions of the deceased (based upon any existing estate planning documents and evidence provided by the parties)
- Distribution of property when there was no will
Was there a Problem with the Will or Trust?
Two of the more common reasons people contest the validity of a will or trust include undue influence by another party and lack of capacity of the creator of the will or trust.
1. When an heir cites undue influence, they are stating that the decedent was being unreasonably influenced by another heir when they wrote their will or created the trust.
2. When an heir cites lack of capacity, or that a will was created or changed under duress or coercion, they are stating that the decedent was not competent or free to enter into a legally binding contract.