Disputing probate involves contesting the validity of a will, but only those with an economic interest in the estate can do so. Careful review of the will, seeking legal advice, and assessing risks are important before taking legal action.
Probate consists of legally establishing the validity of a will and is typically done before an appointed judicial authority. Disputing probate involves arguing that part of a will is invalid or does not accurately reflect the wishes of the deceased. A variety of reasons, most of them emotional, can lead someone to contest probate. Regardless of the reason for the challenge, following a few specific tips can help a person ensure that all concerns are addressed. These include being sure of the exact contents of the will, determining if there really is a reason to dispute it, and deciding whether the gains from a successful fight would outweigh the losses from a failed one.
First, you should be sure to read the will carefully. Many times, family members and close friends of the deceased are thrilled when they read or hear the contents of the will for the first time. As a result, important details are often overlooked. If there are legal terms that are confusing, you should be sure to ask for clarification. A better understanding of the will can help avoid unnecessary confusion and can also help point out discrepancies which may be crucial to your case when disputing the probate.
Once your will has been fully reviewed, you should act quickly to address any lingering concerns. Many jurisdictions have limitations on how long a person can spend when it comes to contesting probate, so addressing issues as early as possible will help avoid losing the right to contest. Additionally, it is imperative that anyone with concerns speak to a probate attorney. Only parties who have an economic interest in the estate can contest a will, and being dissatisfied with the terms of a will is not considered a valid reason to contest the probate. Instead, just cause must be shown that the terms of the will are invalid, and a good probate attorney can help determine any options.
Once it is established that there is a case for disputing the probate, it is important to assess the risks involved. Some states have laws in place that mandate that any party challenging the validity of a will must succeed in its motion or risk losing all collection rights. This is particularly relevant if the will contains a non-contest clause. Losing a credit on who gets the tea service may not be worth losing a larger portion of the property. Trying to resolve these matters among other will beneficiaries first can often avoid unnecessary and costly lawsuits.
If the matter cannot be resolved and legal action is required, you should be sure to file the motion challenging the probate with the court that has proper jurisdiction over the matter. Please provide as much detailed information about the case as possible. Any documentation, such as letters written by the deceased in support of the claim, should be presented to the court during the hearing. By doing so you will strengthen your case and prevent an argument of your word against mine.
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