How To Contest A Will
Contesting the last will, a legal document specifying who gets a deceased person's wealth, estates, and other properties, is not new. Through the years, there have been numerous will contest lawsuits aimed to address the concerns of those who feel unfairly left out in the will and testament of their departed loved one. Your estate planning attorney can help you navigate the daunting process of contesting a will.
Assessing the Standing to Contest
First, you should assess if you have the standing to contest a will. You should know what type of claim you intend to take. Very few people can contest a will because they were not adequately provided for by the will. Only previous spouses, children, or any person treated as a child, or someone who lived in the same household with the deceased for two years, have the right to claim. Otherwise, anybody can dispute a will's validity. Consult your estate planning attorney in identifying your proper standing to contest a will before proceeding.
Assessing the Grounds to Contest
Second, you should assess the grounds for you to contest the will. There are generally four grounds for contesting a will: lack of legal formalities, the testator did not have adequate mental capacity when the will was signed, the testator had been coerced, or there is reasonable evidence to believe that the will was produced with fraud. These items may look easy, but you must be able to present adequate evidence to prove these grounds. You will need the assistance of an estate planning attorney who specializes in estate litigation.
Filing the Lawsuit in a Timely Manner
Third, you should act as fast as possible and file the lawsuit within a specified time frame. Courts generally allow a limited time for filing lawsuits to contest a will. If you are claiming for inheritance maintenance, you have at most six months from the time of authorized estate plan execution or distribution of the estate. If you are claiming against an estate, you may have 12 years from the time of death of the testator. The specifics may vary from one state to another, so you should consult with your estate planning attorney about the time frame of contesting a will.
Nobody will ever be prepared for losing a loved one. It can even be more unfortunate and stressful if the execution of the deceased person's will and the dividing of assets will involve various complications. Assess your proper standing and adequate grounds to contest, and take action immediately if you wish to contest a will in court. For more information, talk to companies like Acton & Snyder, LLP.