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Things to consider if you want to challenge a will

| Oct 18, 2019 | Probate Litigation

Contesting a will is something that must only occur if you are certain that you are prepared to handle the drawbacks and feel that the benefits outweigh them. You have to ensure that the desire to contest the will isn’t being done as an emotional reaction to your loved one’s passing. While you are trying to determine how to handle the situation, there are several things you should consider.

One of the most important things that you need to consider is how the challenge is going to impact your family. Because this is going to pit some family members against others, there are bound to be some hard feelings. These might not go away quickly, and some can remain forever. Make sure that what you are trying to walk away with is worth losing some of your family members.

You are going to have to make some quick decisions about how you are going to handle the case if you do decide to move forward with the challenge. There are strict time limits for these cases, so you can’t drag your feet when you are planning your strategy.

Challenging an estate plan isn’t an inexpensive proposition. You need to ensure that what you might receive in the contest is worth more than what you are going to have to spend. This alone might be the deciding factor when you are trying to determine your course of action.

Many of these cases are settled out of court, but you should still prepare to testify in court, which can add more stress to the situation. Being prepared for what might happen and planning accordingly is beneficial because trying to throw your case together at the last minute isn’t likely to end well.

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