Losing a parent can be among the most emotionally difficult times you will ever have to face during your life time. Taking a seat to hear the regards to your mom’s or father’s Last Will and Testimony is often among the most challenging parts of the loss.
If the regards to the Will don’t sound right to you, it can be considerably more difficult. If you are truly worried that something simply isn’t right, you have the alternative to attempt and contest the Will.
Contesting a Will is a complicated and lengthy procedure. It might drag out for months, even years, and will likely drain the estate of significant assets prior to all is stated and done. Unlike the impression lots of people have of a Will contest, just being unhappy with the amount you were left in a Will is not normally a legal reason to object to the Will itself. Instead, you should generally declare, and eventually prove, that the Will itself is invalid.
The laws in the state where the decedent was a homeowner at the time of death will dictate much of the Will contest treatment. Who can petition to challenge a Will, what grounds can be used to challenge a Will, and the procedure for asserting a challenge will all depend upon where the decedent lived at the time of death. As a basic rule though, you will need to show something like the decedent underwent undue impact at the time the Will was signed, or the decedent was not of sound mind when he or she signed the Will.
If you have the ability to prove the claims contained in the petition to contest the Will, the Will is stated invalid and the estate is then managed as an intestate estate unless a previous, legitimate Last Will and Testimony lies. Once again, state laws will vary rather; nevertheless, intestate succession generally divides the estate among immediate family members initially, such as a spouse and children and then branch off from there to discover more blood family members.