Challenging a Will in Probate
You do have the right to challenge a will based on a number of grounds. Make sure to have a good attorney who knows how the laws can work for you.
Many times people can challenge a will based on lack of proper formalities. It is required that a will be signed by the testator and two witness. The will in this case is contested on the grounds that it was not properly signed, drafted, or witnessed. This has to be done in a manner that it coincides with applicable requirements.
If the person signing the will has a questionable mental capacity, a will can also be contested. If lack of proper mental capacity can be proven, a will can be declared void. Incompetence is usually established through a prior medical diagnosis of Alzheimer’s disease, dementia, psychosis, and so on. Witnesses may also be used to provide testimony based on the decision making abilities of the deceased at the time that the will was created.
A will is often contested when a person has written a will because of undue influence. The person may have been compelled or coerced to create a will. They may have experienced improper pressure from a family member, caregiver, advisor, or health care worker. This can place an upset on an estate plan where the estate was supposed to go directly to direct descendents and other closer relatives. Many times, there will be new friends that befriend the person shortly before death. Sometimes a child will coerce the person into writing other siblings out of the will. Many health care workers will threaten not to provide care unless they are named within the person’s will.
A will contest has to be done in a fairly short period of time. It is usually 90 days after the personal representative has given the notice. This will change to 20 days if the notice has been received before they will have been admitted to probate.
Many people are coerced and taken advantage of when it comes to wills. Many people will trick the influencer into signing over accounts and belongings, in hopes that they will be deceased before the wrongdoing has been discovered.
If a wrongdoing is discovered prior to a person’s passing, one way to clean up a situation like this is to take guardianship. The guardian can then reclaim ownership of assets that were removed in a fraudulent manner. A guardianship will also allow evidence to be collected for use during a will contest proceeding.
Make sure to have a litigation attorney that can help you take advantage of your rights as a guardian or family member. You can take charge if one of your loved ones has been taken advantage of. No one ever wants to find out that their loved one has been taken advantage of over money and belongings that they have spent a lifetime collecting. A will should be acted upon in the manner that the loved one in a natural, no pressure manner, intended it.
THIS ARTICLE DOES NOT CONSTITUTE LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR AREA FOR THE EXACT LAWS RELATED TO YOUR STATE.
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Related Legal Websites: Estate Lawyer Adrian Thomas. of Fort Lauderdale, FL.
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