When someone dies, their contest a will are distributed according to a trust or will and any debts paid using the estate’s money. If you believe that a loved one’s will was not written legally, ethically or fairly, you may be interested in contesting it. Before you decide to go through the process of contesting a will, however, it is important that you fully research the law in your state and that you understand how expensive it can be to pursue these claims. In addition, it is crucial that you make sure you have legal standing and a valid reason to challenge the will before you proceed.
The first step in contesting a will is filing a petition in the probate court. Once this is done, you will receive a court date and can start collecting evidence to support your case. A good lawyer will be able to help you determine what evidence is the most useful for your particular case.
Contest a Will: Understanding Your Rights and Options for Challenging Testamentary Documents
One common reason for contesting a will is that the deceased person did not have sufficient mental capacity to sign it. This usually comes from a degenerative condition like dementia that leads to the gradual loss of brain function. In order to prove this, we would need to find out when the changes in the will were made and see whether the person was in a healthy enough state of mind to make those decisions at that point in time.
Another reason to challenge a will is that the heirs are not listed correctly. In this situation, we would need to see if the will is dated in the right year and that it includes any children who were previously left out of previous versions of the document.