Most of the time, carrying out a deceased person’s wishes after their death is pretty simple – family members receive what they are entitled to under the estate, the assets are distributed and everyone moves on with their lives (possibly with slightly heavier wallets). But occasionally there will be a will or trust contest that needs to be resolved.
Before you decide to file a disputing a will contest, you should make sure that you have legitimate grounds for doing so and that you are willing to go through the legal process of disputing a will. This can be a complicated and costly endeavor. Even if you have a good reason to file a contest, it is wise to consult an experienced attorney about how realistic your chances are of winning the case.
Challenging a Will: A Comprehensive Guide to Disputing a Will and Protecting Your Interests
In general, a will can be contested on the grounds that it was drafted or executed while the testator had a lack of mental capacity or that the will was procured through undue influence, fraud, mistake, duress or menace. However, a successful challenge requires strong evidence and will often require the testimony of experts or others with knowledge about the circumstances surrounding the creation or execution of the will.
Depending on state law, you may be able to lodge a caveat with the probate registry before probate begins in order to contest the will. If you do this, the executors must provide you with a copy of the will and give you a chance to see the estate accounts and other relevant information.
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