If you feel the last will and testament of your loved one hasn’t been implemented correctly after their passing, you can consider legally contesting their will in court. While the process can be challenging, expert estate law attorneys can professionally help you with the legal proceedings. Keep reading this blog to understand the ins and outs of contesting a will.
Grounds for Contesting a Will
You can contest a will based on a few legal reasons. Remember, you can’t challenge a will simply because you don’t like it, and even if your reason is valid, the process can be time-consuming and expensive. The valid reasons for contesting a will are:
- Problems with the Testator – If you believe the will was written under the influence of alcohol or drugs or by a mentally incompetent person, then you have the legal ground to contest their will successfully.
- Fraudulent Will – Contesting a will becomes easy if you can prove it’s fraudulent. If the will is incomplete, missing signatures, or isn’t according to the state laws, you can contest it as fraudulent or legally invalid.
- Multiple Wills– You may contest a will if multiple versions are floating around.
Steps to Contest a Will
1. Act Quickly
Seek legal advice urgently if you wish to contest a will. Check your state laws and submit your claims accordingly. While some states let you contest a will within a few weeks, others give you a few years.
2. Do Your Research
A will may have a no-contest clause. If the document states repercussions for the contesting individual, you must evaluate your risks and rewards before proceeding with your claims.
3. Filing a Petition
File a petition before contesting a will. Hire a family law attorney to guide you through the process of challenging the will in the probate court.
4. Gather Evidence
You will receive a hearing date after filing the petition. Use this time to gather evidence to prove the will invalid.
5. Attend the Hearing
You will have to prove the will invalid once the court date arrives. Use documents, statements, and witnesses if possible.
A family law attorney can help prove your claims in court. If you’re looking for a reliable Estate lawyer Queens, we can help. At Ledwidge & Associates, we have expert professional probate attorney nyc at your disposal. Contact us now.
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