What steps must you take to problem a will?
If you suspect a will has been forged and / or tampered with, you should contest the will so that the properties and assets are properly distributed among the beneficiaries.
When a person dies, their properties go through probate to determine who to go to, especially if the deceased has made their last will and will. This can be challenged in the probate court if you are hoping for a favorable outcome.
A will is a legal document that conveys a person’s ultimate desires about their property and goods. It enables a person to take control of their wealth even after their death. If no last will and no will are drawn up, this must be regulated by the court. However, the life insurance is automatically passed on to the written beneficiaries and not to the probate court. The last will and testament indicate the attribution of attributes, including percentages when shared among siblings. Along with this, it could also create conditions for those properties to be claimed after their death.
However, if you want to dispute a will, you need to invest in finding the right lawyer to dispute a will. The right lawyer can correct the will.
Step 1: research
Make sure you have the right to do so before challenging a will. Not everyone can contest a will, such as those who are not named as beneficiaries in another will and minors because they still lack legal rights. With that in mind, be sure to do your research on the will challenge laws in your state.
You should also determine if the ground for your challenge falls under the state estate law. This will help you determine if the case is valid in court so you have a better chance of winning your challenge. The following are the reasons you can dispute a will:
- The will was not signed with the proper legal formalities.
- You suspect that the willmaker had mental challenges.
- The descendant was overly influenced in writing his will.
- You suspect that the will is fraudulent or forged.
It is recommended that you consult your attorney to verify that your grounds for dispute a will are valid. The help of experienced lawyers in such cases can be very valuable. However, you may not always find the most suitable lawyer for you. In such cases, it is better to turn to reputable law firms. The best have great lawyers to help you represent your case, and they may even work with a recruiting agency that specializes in finding the right lawyers for the job. This can give you the best support for a favorable result.
Elderly woman covering her face; Image by Cristian Newman via Unsplash.com.
You should also know when to raise your objection to the will. Even if you have reasonable standing and the right reasons to challenge a will, do so immediately as there is limited time to allow objections so they can move their property and assets to their next rightful owner . Some can be short in duration from a few weeks to a few years. Therefore, thorough research is recommended to find out the exact schedule.
Step 2: Submit a written statement
You will need to work with your attorney to prepare a written statement or affidavit that includes the history of your relationship with the deceased, details of your financial situation, your health, and the health of your spouse and loved ones such as children.
Step 3: filing a petition
Once you’ve got it all done, the next step is the probate challenge. To raise your objection to the will and will, you should petition the probate court. While you can do this yourself, it is still valuable to have the support of professionals so that you have an edge over your competition.
Step 4: collect the right evidence
After you’ve submitted your application, the court will schedule a hearing on your case. While waiting for the date, you should maximize that time to gather evidence of a stronger case and have a greater chance of winning in probate.
The hearing is not a formal hearing. This is the time the judge will talk to your attorney about your petition and ask more questions. After clarification, they announce a mediation appointment on which the formal hearing can take place.
When filing a lawsuit against a will make sure you have valid and thorough evidence for a better chance of winning your petition. You can reach out to your lawyer to review the information gathered and they can also help you with the evidence you should have on mediation day.
Losing a loved one can be a terrible thing. It is much more terrible when your will is wrong and when you believe that it is not the way it is supposed to be. If you suspect a will has been forged and / or tampered with, you should contest the will so that the properties and assets are properly distributed among the beneficiaries.
That being said, it is always recommended that you check with your lawyer so they can advise you on what to do and whether you have the right reasons to dispute a will.