07 Oct Steps to Take When a Will Is Contested

Contesting a will can be a complex and emotionally charged process. If you find yourself in this situation, it’s essential to understand the steps involved and act promptly:

1. Seek Legal Counsel: The first and most crucial step is to consult with an experienced probate attorney. Contesting a will requires a deep understanding of probate law and procedural rules. An attorney can assess the merits of your case and guide you through the legal process.
2. File a Contest: A will contest must be filed in probate court, typically within a specific time frame after the will has been submitted for probate. Your attorney will help you file the necessary documents, outlining the grounds for your contest, such as undue influence, lack of testamentary capacity, or fraud.
3. Gather Evidence: To support your contest, you’ll need to gather evidence. This may include medical records, witness testimony, financial documents, and correspondence. The goal is to demonstrate that the will does not accurately reflect the decedent’s true intentions.
4. Attend Hearings: Once your contest is filed, the court will schedule hearings to review the evidence and arguments from all parties involved. Your attorney will represent you in these proceedings, presenting your case and responding to any counterarguments.
5. Mediation or Settlement: In some cases, the parties involved may opt for mediation or settlement to avoid a lengthy court battle. Mediation allows for a more collaborative approach, where an impartial mediator helps facilitate an agreement that satisfies all parties.
6. Court Decision: If the case goes to trial, the court will evaluate the evidence and make a decision. If the court finds the will to be invalid, it may enforce a previous valid will or apply the state’s intestacy laws to distribute the estate.
7. Appeal: If you are unsatisfied with the court’s decision, you may have the option to appeal. Your attorney will advise you on the viability of an appeal and help navigate the appellate process if necessary.

Contesting a will is a serious undertaking, and the outcome can significantly impact the distribution of the estate. It’s essential to act quickly and seek professional legal advice to ensure that your rights are protected.

Genesis Law, PA is here to assist you through the complexities of contesting a will. With their expertise in probate law, they can provide the guidance and representation needed to navigate this challenging process. Schedule a consultation to discuss your situation and explore your legal options. Schedule a consultation today with Alecia Daniel by calling (772) 539-9831 or visiting https://genesislawpa.com/scheduleaconsultation/