Making a will is an essential part of estate planning. It provides clarity and prevents conflicts from occurring – however, that may not always be the case. There are times when a will may be challenged, which may result in several disputes.
It’s no secret that will disputes tend to get rough and messy. Make sure to settle these disputes by contesting your will.
Some of the grounds for contesting a will are as follows:
- Undue Influence
- Fraud and forgery
- The existence of another will
- Improperly executed will
- Misplacing a will
- Revoked will
- Lack of mental capacity
Contesting a will implies formally objecting to the terms of the will in probate court, usually with the representation of a probate lawyer. Contesting a will is an expensive process and can cost between$10,000 and $50,000.
Costs aside, the process of contesting a will is not easy. Here are some of the steps involved in the process.
1. Check Signatures
First and foremost, check for signatures on the will to assess its validity. Checking the signature can help you determine if there was some undue influence, fraud, or forgery.
2. Do Some Research
Ensure that you have sufficient grounds for contesting the will.
- Review the laws in accordance with your state.
- Make sure that the state probate law covers your grounds for contesting the will.
- Learn the statute of limitations the will contest is subjected to.
3. File a Petition
You need to file a petition to challenge the will in probate court before you can contest it. It’s best to hire a probate attorney who specializes in estate planner Queens and estate planning Queens to represent you.
4.Collect Evidence
Once you’ve filed a petition, prepare your case for probate court. Gather evidence to support the validity of your claim. Collecting evidence goes beyond skimming mere documents; it involves gathering testimonials to support your claim. The more evidence you gather, the stronger your case will be.
Experienced Probate Lawyers to Contest Your Will in Brooklyn
Make sure to contest the will if you have sufficient grounds. Our probate lawyers at Ledwidge & Associates, P.C, provide strong advocacy to clients facing will disputes throughout all five boroughs of NYC.
Our probate attorney, Joseph Ledwidge, has vast experience in resolving all estate planning and probate matters. He specializes in handling all sorts of will disputes in the most amicable manner.
Contact us now to avail legal representation for will contests.
Ledwidge & Associates
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