Probate is the legal procedure that authenticates a deceased person’s will, specifying who will inherit their assets. Creating a will is crucial as it ensures that your wishes are known and respected by future generations.
After someone passes away, their estate must go through the probate process, provided they have left a will. There are various grounds on which a will can be contested, so it is essential to ensure that the will is clear and legally sound.
Understanding Will Contests
Contesting a will means challenging its validity or specific terms. This can be done by anyone with an interest in the will, regardless of whether they are named in it. However, individuals under 18 cannot contest a will directly but can appoint a guardian or executor to do so on their behalf.
Common Reasons for Will Contests
Several factors can lead to a will being contested during probate:
- Claims that the willmaker was mentally incapacitated or under undue influence.
- Allegations of fraud or improper preparation of the will.
- Absence of witnesses, making the will susceptible to challenges from potential beneficiaries.
Legalizing Your Will Through Probate
While laws vary by state, certain general criteria must be met to legalize a will:
- The will must be created by someone who is mentally competent and of legal age.
- The will should be made without any undue influence or coercion.
- The will must comply with state laws regarding its creation and execution.
- Proper witnessing and notarization according to state law are required.
A will made by someone who is not mentally sound or lacks proper witnesses and signatures is vulnerable to challenges.
Steps to Contesting a Will in Court
Probate proceedings commence after the individual’s death and are overseen by the probate court. Beneficiaries must assess the estate’s value, settle any debts, and notify other interested parties.
1. Conduct Thorough Research
Before contesting a will, it is essential to understand the relevant laws and regulations. Research the state probate laws and ensure your reasons for contesting are valid. Also, be aware of the time limits for filing a contest.
2. File a Petition
After completing your research, submit the will to the probate court. While hiring an estate planning attorney is advisable, you can also represent yourself. If the estate is at risk or multiple parties are contesting, professional legal assistance is recommended.
3. Gather Evidence
Once your petition is filed, the court will schedule a hearing. Use the interim period to collect evidence to support your case, as strong evidence increases your chances of a favorable outcome.
4. Stay Informed About Court Dates
Multiple court dates may be scheduled during the contesting process. It is crucial to attend all hearings or ensure your attorney is present to represent your interests.
When Contesting a Will Is Not Feasible
In some cases, contesting a will is not possible, especially if it includes a no-contest clause. Such clauses often stipulate that anyone who contests the will forfeits their inheritance, making challenges difficult.
keep these points in mind when considering contesting a will in court, and always seek the advice of an expert lawyer.
