It's hard enough to be given the bad news that a loved one has passed away, but if you've been dealing with the added sting of a discrepancy between what you were told you would inherit and what the current will actually says, you're probably feeling a lot of confusion on top of your other emotions. Fortunately, if you feel that you have been wrongfully left out of a will, you may have the option to contest the will in court. The steps of estate litigation can vary depending on the specific circumstances of the case, but generally, here's what you'll need to do.
Review the Will
Carefully review the terms of the will to determine the grounds for contesting it. Some common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or forgery. As you review the will and related documents and speak with potential witnesses, take detailed notes about what you have learned. This will help you keep track of your evidence and better prepare for any legal proceedings.
Gather Evidence
To support your challenge to the will, you will need to gather evidence to show that one of the grounds for contesting the will applies. This may include witness statements or financial records, medical records, emails, or other correspondence between you and the deceased.
File a petition
In most states, you will need to file a petition with the probate court to contest the will. The petition should explain the grounds for the challenge and provide supporting evidence. You should be prepared to provide evidence that the distribution of the estate is not being handled in accordance with the deceased person's wishes or the laws of the jurisdiction.
Attend Court Proceedings
If your challenge to the will is successful, the probate court will hold a hearing to determine the validity of the will. You may need to attend court proceedings and present evidence to support your case. The court proceedings for estate litigation will vary depending on the specific issues involved and the laws of the state in which the proceedings take place. However, in general, estate litigation proceedings follow a similar process to other types of civil lawsuits.
Estate litigation can be complex and time-consuming, and it may involve the interpretation of state laws and probate procedures. If you are involved in estate litigation, it is important to seek the advice of an experienced attorney who can help you navigate the process and protect your interests.
For more help, reach out to an estate litigation lawyer.
Share28 December 2022
