Probate Attorney Discusses Why a Person May Contest a Will
Once the testator of a will passes away, their will moves to probate. Probate is the standard judiciary process of validating a will and seeing that the testator’s affairs, such as debts and outstanding expenses, are accounted for. A common complication during probate is that someone may contest the will.
Often, the person contesting is a disgruntled family member who may feel left out or slighted by the will. Other times they are aware of some kind of misconduct and are able to convincingly contest the will. Because probate is the only time when a will may be contested, a probate lawyer can provide substantial insights into the process.
So whether you are anticipating having to contest someone’s will or you are worried that a sibling or family member may be planning to contest, you can benefit from understanding the procedure better. Here, a probate attorney from the Davidson Law Group discusses what to expect when someone contests a will.
Who is Able to Contest a Will?
Probate law dictates that only certain people are allowed to contest a will. Family members of the deceased testator and anyone who is mentioned in the current will or any of its previous iterations are the only ones allowed to contest the validity of a will.
How Can a Will be Contested?
Whoever contests the will must make their concerns apparent during probate. This is the only time a will may be contested, so this it is crucial for hashing out any issues anyone may have with its construction.
Related Post: Contesting a Will After a Parent Passes Away
What Can be Contested?
When someone contests the validity of a will, there are a few things they can contest about its construction: whether or not it has been signed by the testator and witnesses, whether the signatures are real, whether the testator had the mental capacity to understand why they were signing, or signing it under duress.
Unfortunately, it is sometimes the case that someone will prey on ailing testators with sizeable estates in order to become a beneficiary. When this happens, signatures may be forged to validate a will, or a testator will be made to sign a will even if he or she is unable to understand what they are doing. There are a number of other ways a will can become a fraudulent document, but the surest way to be confident about a will’s validity is to enlist the counsel of a probate attorney or estate attorney, someone who will have looked over plenty of wills and who will understand the process thoroughly.
Talk with a Probate Attorney from Davidson Law Group
If you’re anticipating that a disgruntled sibling or family member may contest the will of your loved one, then speaking with a skilled probate attorney will help you prepare to deal with the situation. Or, if you’re planning to contest a will, consulting with a probate attorney will help you carry out that contestation according to proper court procedures. In either case, having a probate attorney by your side is going to make your efforts significantly easier.
With many years of experience in all related fields of law, including estate, elder care, special needs, gun trusts, and probate law, the Davidson Law Group is able to provide the representation you need for contesting a will in probate. To set up a free consultation with a probate lawyer, contact us in Fort Worth, Allen, or Tyler today.