September 2015 - Kamerow Law
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What Amounts to Fraud When Contesting a Will?

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Alexandria, VA 22311
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What Amounts to Fraud When Contesting a Will?

What Amounts to Fraud When Contesting a Will?

Making a Will

The death of a family member is traumatic. Whether the loss was sudden or the end of a long illness, emotions tend to run high and sometimes prevent people from acting in their own best interest.

Wills are created in order to allow a person to ensure that their belongings and everything they worked hard for is distributed in a way that would please them. Specifically bequeathing items is intended to prevent arguments or hurt feelings among the beneficiaries. Most importantly, wills help a person ensure that their wishes are followed rather than allowing the courts to distribute their estate.

When the Will is Contested

However, beneficiaries sometimes argue over what may have been promised, but wasn’t in the will. These arguments can and often do result in costly litigation. One of the most common ways to challenge a will is to claim that the will was completed due to fraud.

When an interested party contests a will on a claim of fraud, two things must have happened.

  • A false statement must have been made by a beneficiary to the testator (the person making the will).
  • Part of the will was written as a result of the lie to award the beneficiary with additional inheritance.

A lie to the testator is not fraud if the will still treats all beneficiaries equally or as expected. Nor will a will be found to be fraudulent if a will was changed for a reason unrelated to the lie.

Anyone can contest the validity of a will if they can prove they have a right to the deceased’s estate. The challenge then becomes proving that the will was a direct result of a lie. For example, a man may believe that his brother was bequeathed an additional portion of their father’s estate because the brother told the father he would share everything with his siblings. The brother then refuses to share the property or estate holdings with his family.

When a will is contested and found to be fraudulent, the courts will throw out the portion of the will that was contested. If an entire will is found to be fraudulent, the legal system will have the entire will voided and the estate distributed according to state law.

Find an Alexandria Family Law Attorney

Will contests can be complicated and costly. A simple “No Contest” clause can be added to a will to prevent beneficiaries from changing your wishes.  Contact Kamerow Law Firm for a free consultation.  We have over 25 years of experience in providing high quality, cost effective representation.

Liability When New Tires Blow Out

Liability When New Tires Blow Out

Car Accidents that Result in Injures

When automobile accidents result in injuries, the person responsible for causing the accident may be liable for damages. Sometimes a defect on the vehicle itself is the cause of an accident. In these situations, there is nothing the driver could have done to prevent the accident, so the driver should not be held responsible. Tire blow outs often occur based upon defects in the tire itself or negligent installation by an auto mechanic. If you have driven a motor vehicle and experienced a tire blow out which caused an accident resulting in personal injury or property damage, it is important to contact an attorney immediately to protect your rights.

An attorney can help defend you against claims brought by the other drivers injured by the accident and their insurance providers. Insurance companies are typically only concerned about having their clients reimbursed by the other driver and they will not take the time to pursue a claim against a manufacturer. An attorney will be able to show that you are not at fault, but the tire manufacturer or mechanic is to blame for the incident. Not only can an attorney protect you from claims brought by the other drivers, but an attorney can help you pursue your own claim against the manufacturer.

In order to hold the tire manufacturer liable for the damages, certain elements must be proven. These elements are complex and often require extensive evidence and witnesses. An attorney will know how to gather important evidence and will be able to identify witnesses who will be able to show that the tire was defective. Certain professional expert witnesses are often essential to these types of cases, because identifying a defect can be difficult and proving the defect as the cause of the accident often requires scientific analysis. An attorney will know the important rules of evidence and procedure to better ensure that your case in not thrown own on a technicality.

Contact a Personal Injury Attorney in Alexandria

If you have been involved in a traffic accident as a result of a blown out tire, do not hesitate to contact the Kamerow Law Firm as soon as possible. Do not agree to any settlement offers and do not admit any fault in these instances without first consulting with an attorney. An attorney can help transfer fault to the manufacturer of the defective tire and protect you from the claims of others.