When a loved one dies, the last thing most people want to think about is contested wills and probate court. But unfortunately, this is sometimes what must be done to ensure that the decedent’s final wishes are carried out. This article will outline the basics of contesting a will in the United States.
Gather evidence
There are several reasons why it’s important to gather evidence when contesting a will. First, if you can provide concrete evidence that the will was not written or executed under valid circumstances, you may be able to have the will overturned. Second, if you can demonstrate that the decedent was not of sound mind when they made the will or that another person unduly influenced them, you may also be able to have the will overturned.
It’s important to remember that contesting a will is not easy, and expensive. You’ll need to gather as much evidence as possible to support your case. This may include witness testimony, financial records, and email or text message exchanges.
File a petition
If you decide to contest a will, the first step is to file a petition with the probate court. This document will outline your reasons for contesting the will, and you and your attorney must sign it. You’ll also need to provide copies of all of the evidence you’ve gathered, as well as a proposed order for the court to consider.
The probate court will then hold a hearing to determine whether the will should be overturned. This hearing can be quite lengthy, and it’s important to have an experienced attorney representing you. That’s why having a law firm like Keystone Law can help you deal with the probate court more efficiently and effectively.
Talk to an attorney.
If you’re considering contesting a will, it’s important to talk to an attorney. An experienced legal professional can help you build a strong case and guide you through the process. They can also provide invaluable advice on the best way to approach the hearing.
If you’re not sure where to find an attorney, your local bar association can provide a list of attorneys who specialize in wills and probate law. You can also search for attorneys online or ask friends or family members for referrals.
Estate planning documents
Estate planning documents are a key part of ensuring that your estate is handled according to your wishes after you die. There are several different types of estate planning documents, and it’s important to choose the ones that are right for you.
The most common type of estate planning document is a will. A will allows you to specify who will inherit your property and assets after you die. It’s also important to name an executor who will be responsible for carrying out your wishes following the will.
Get an idea of the estate’s value
When a loved one dies, it’s often necessary to administer their estate. This process can be complex and time-consuming, and it’s important to have a clear understanding of the estate’s value.
The first step in administering an estate is determining its value. This can be done by creating a list of all the decedent’s assets and liabilities and then calculating their total value. This process can be complex, so working with an experienced probate attorney is often best.
If the estate is worth less than $50,000, it can be administered without the help of an attorney. However, if the estate is worth more than $50,000, it’s important to get legal help.
Find beneficiaries and interested parties.
In estate administration, beneficiaries are those people or organizations who inherit assets from the deceased person. Typical beneficiaries include descendants of the deceased person and/or charitable organizations.
Interested parties are any person who is not a beneficiary but might have some personal interest in how the estate should be distributed. These could include co-executors, guardians for minor children, or creditors of the estate.
Understand your state’s probate process
Each state has its own set of laws governing probate proceedings. It’s important to understand these laws before attempting to contest a will.
The best way to learn about your state’s probate process is to talk to an attorney specializing in wills and probate law. They will explain the process in detail and help you understand your rights and responsibilities.
If you want to contest a will, you’ll need to file a petition with the probate court. Your petition must state why you believe the will should be overturned. You’ll also need to provide evidence to support your case. This evidence can include witness testimony, financial records, and other documentation supporting your argument.
Final Thoughts
Challenging a will is an emotionally difficult process. But if it’s necessary to ensure your loved one’s final wishes are carried out, you can do so by following the steps outlined in this article.
