If you believe that your deceased loved one’s wishes in their will have not been carried out following the law, you may choose to consider challenging the will in court. The procedure can be difficult, but our estate law attorney in Queens will be able to guide you through it.
If you want to know the ins and outs of challenging a will, you should keep reading.
Reasons for Challenging a Will
Knowing when you can challenge a will is the first step toward learning how to do so. However, even if your argument is sound, contesting a will because you disagree with it is illegal and doing so may be costly and time-consuming.
That said, a will can be challenged for the following reasons:
· Concerns About The Testator
It is possible to challenge a will in court if you have reason to suspect the testator was either under the influence of drugs or alcohol at the time of writing or was mentally incompetent.
· Coercion, Forgery, or Other Forms of Fraud
A will can be challenged as fraudulent or legally invalid if it is found to be missing required information or signatures or is not in compliance with applicable state laws. If you have evidence that a will is forged, you have a strong case for challenging it.
· The Presence Of Several Wills
The existence of a more recent will is one basis for challenging the older one. You should consult an estate law attorney in Brooklyn or Queens if you have doubts regarding your legal standing.
How Can You Challenge a Will?
Here’s how a will can be challenged:
- Sometimes, a will may include a “no contest” clause. There may be consequences for the contending party if the agreement specifies them; you should weigh them against any potential gains from progressing with your claims.
- After doing your research, you should see an attorney if you intend to challenge a will. If you want to file a claim, you should also research the requirements in your state. Some states allow you to challenge a will within weeks, while others give you many years.
- It is necessary to petition the court before challenging a will. In such a case, your attorney will guide you through the entire process.
- After the petition is filed, a hearing date will be assigned. Take advantage of this opportunity to collect evidence proving the will to be void. If you want to challenge the will’s validity in court, you’ll need to present evidence. Use written evidence, oral testimony, and eyewitnesses during the hearing.
To strengthen your case in court, you need an expert estate law attorney long island. A trustworthy probate attorney nyc is something we can assist you with. Our team at Ledwidge & Associates, P.C., includes licensed attorneys specializing in probate law. Contact us right away!
Ledwidge & Associates
