Will Contest Attorney
A Will Contest attorney can help you contest a Last Will and Testament. To contest a will means to question the validity of the Will on one or more grounds.
Typically, a person will contest a will because:
- The Will was not properly executed,
- The Will was not properly written,
- The Will was a forgery.
- The testator (or person who made the Will) did not have capacity or was not competent at the time they made the Will.
- The testator was at the mercy of a caretaker, home health aide, friend, or neighbor who exerted undue influence upon the testator.
Who Can File Objections to a Will?
Not everybody has the ability, or standing, to object to a Will. The following people have the right to object to a Will:
- A person who would take in the absence of a Will. These people are known as “distributees” and they are “necessary parties” to a proceeding. For example, if mom died survived by her children, then her children are distributees and each of them can object to a Will. A grandchild may not be able to object to a Will if all of the children are living.
- A person who received more money under an earlier Will may have standing to object if they can show that they are incurring a loss by the admission of the later will to probate.
- A person whose interest may be affected by a portion of the Will may file objections.
- An executor named in a prior Will may, under certain circumstances, have standing to file objections.
- A public administrator, may, in certain circumstances file objections.
How Can a Will Contest Attorney Help Me?
A Will contest attorney can help you figure out whether you should conduct pre-objection discovery, also known as SCPA 1404 Examinations or just file objections to the Will.
A Will Contest attorney can also help you figure out whether you have a bonafide claim. Sometimes people file objections to the Will because they are using the Will as an opportunity to sort out their childhood issues with their siblings. A Will Contest attorney can help determine whether your objections have merit or whether you are perpetuating the family feud. A Will Contest attorney can also sometimes work as a mediator to resolve the issues between and among the family members.
Contesting a Will is a very specialized area of law and requires that the attorney have knowledge of estate planning, trusts, and litigation. We are experienced estate litigation attorneys and pride ourselves on fighting for your inheritance.
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