QUESTION
Can you sue someone for mental anguish for filing a contest to a trust even though our attorney says he has no chance?
Asked on Oct 21st, 2012 on Estate Planning - Michigan
More details to this question:
Can you sue for anguish and mental stress over a contested will case our attorney told us our chances were 85%, or more he did not want to say slam-dunk. The attorney who was the executor of the will told us he had no chance at all. He also checked with attorney at Edward Jones where the money was at the time of our friend’s death she was abandonment that she did not want these people to have any part of her inheritance. She had no living relatives this is being brought on by her deceased husbands grandson why with the rest of the family received their inheritance from their grandfather. She had a revocable will which she did and made my wife the heir who had known and cleaned for her for the past 29 years, of which the last 12 none of them had very little if no contact with her at all she had several mental competency test in the past and decided to end dialysis in January of this year. She passed away on 1/21/2012. This has created a tremendous amount of stress on my wife and I.
9 ANSWERS
Thomas Edward Gates
There is a high bar to prove mental anguish. He has the right to challenge the Will, regardless of how sure your case be.
Answered on Oct 23rd, 2012 at 3:14 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should consult your attorney, who is representing the executor of the estate as to the possibility of suit against someone for emotional distress for challenging a will.
My assessment of the facts you present. Is the person challenging the validity of the will provision, had better be right, as the challenge appears to be a malicious prosecution entitling you to punitive damages against that person.
You may want to consult a probate litigation attorney, or have your attorney refer to one, to determine if you have any grounds for suit against the person bringing an invalid challenge, or has no basis in fact to bring the challenge.
Mental distress cases, such as you may be claiming are hard to prove, and must be backed up with medical proof of the person suffering the emotional distress.
Answered on Oct 23rd, 2012 at 3:14 PM
You may be able to get attorney's fees in this action or by bringing a new one if you prevail in this action but recovery for mental anguish is unlikely. You should consult an attorney about all of your possible remedies.
Answered on Oct 23rd, 2012 at 3:13 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You need to have your own attorney to protect your rights. If you have any questions, please contact me.
Answered on Oct 23rd, 2012 at 3:13 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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No. You cannot sue someone for that.
Answered on Oct 23rd, 2012 at 3:13 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Since you are represented by legal counsel already, it is not ethical for another lawyer to provide you with advice.
Your lawyer has all of the facts of your case, and your summary includes very little information.
It has been my experience in court that there is no such thing as a slam dunk in court.
Nevertheless, it is very difficult to successfully contest estate planning documents. I would follow your attorney's advice and let him/her handle this for you.
Answered on Oct 23rd, 2012 at 3:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, you have to defend your position in court, that is what they are for.
Answered on Oct 23rd, 2012 at 3:12 PM
3 Awards
Generally speaking that is not a winner. Additionally, your case may not be the slam dunk that you think it may be as a result of laws that went into effect in recent years in Nevada addressing housekeepers/care providers, etc. You need to address the timing and the imposition of that statute with counsel.
Answered on Oct 23rd, 2012 at 3:12 PM