Some unscrupulous individuals will prey on older individuals to try to get the elder person to add them into their estate plan. This is a form of financial exploitation that can impact what the beneficiaries and heirs receive when the person passes away.
How is testamentary capacity defined?
One of the first steps that the executor of an estate must take when a testator dies is to round up their will to take and file it with the probate court in the county in which the decedent lived. It's often not until this happens that you, as an interested party, are made aware of the contents of your loved one's will. If you're unhappy with what it says, then you may be able to contest their will.
Things to consider if you want to challenge a will
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.
Noncompliance with state law might lead to will contests
Choosing to go through litigation with a loved one's estate isn't an easy decision. For some people, the entire goal of the process is to ensure that the decedent's wishes are actually followed. One area that might come under scrutiny is the will.
Probate litigation matters can rip families apart
Probate litigation is a serious matter that can rip families apart. The issue is that everyone sees the litigious matter as something personal. This can make it difficult for them to think logically about it, which just makes things more difficult to resolve. We understand that you want to ensure that your loved one's wishes are followed, and we are here to help you work toward that goal.
Sibling rivalry might appear after the death of a parent
There are many things that might lead to discontent when the final wishes of a deceased loved one are read. Some heirs might think that the will is unfair, which can cause problems with the individuals who are still living. When this occurs, trying to figure out ways to cope with the situation is a challenge.
Tips for handling a will contest
When a loved one passes away, you are likely going to experience a range of emotions. This can make it difficult to think clearly and make important decisions; however, if your loved one's estate plan isn't the one that you were aware of, you might have to make a big decision now. Do you allow the estate plan to close out without alerting anyone about the issue or do you contest it?
The estate process can become complex sometimes
The probate process is mystifying to some people; however, it doesn't have to be. In the simplest of terms, probate is meant to transfer the assets of the decedent to the rightful heirs. This is done based on the estate plan of the person. If the person doesn't have one, the case will follow the intestate guidelines of the state.
A will contest must be carefully planned
Probate litigation isn't something that most people will experience in their lifetime. Most wills go through the process without any issue. In fact only around 1 percent have issues, while the remaining 99 percent pass though without any problems.
Probate disputes can be handled through mediation
Probate disputes can be trying matters for the people who are involved. When your family members opt to dispute an estate plan, it can mean that you will have to fight for what your deceased loved one wanted you to have.
