Challenging a Will – 3 Questions
May 12, 2012 By German Law Group
Answer: Maybe. In order to challenge a Will you must have “standing,” the legal right to challenge a will in court. In order to have standing you must typically have stood to receive more from the deceased person either through a previous Will or if that person had died without leaving any Will at all. Essentially, in order to have standing you must stand to receive more if you win the Will challenge and a court declares the Will invalid.
Question 2: Can I challenge the Will for any reason?
No. You must be able to show that you have some legal grounds to file your will challenge. This means that you must have some reason to believe the decedent’s Will is somehow faulty. Every state has specific laws that apply to Wills, and you must be able to show that the current will does not comply with at least one of these laws.
Question 3: When can I challenge any Will?
You can usually only challenge a Will after the person who made it, known as the testator, has died and the will has been submitted to a probate court. You must also file your challenge in a timely manner, though the amount of time you have to file your challenge differs depending on your state and the circumstances of the case.
ABOUT THE AUTHOR: Raymond German
Experienced estate planning attorneys Grand Forks ND of the Raymond J. German, LTD. offers estate planning and business planning resources to residents of Grand Forks ND.
Copyright German Law Group
More information about German Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
No. You must be able to show that you have some legal grounds to file your will challenge. This means that you must have some reason to believe the decedent’s Will is somehow faulty. Every state has specific laws that apply to Wills, and you must be able to show that the current will does not comply with at least one of these laws.
Question 3: When can I challenge any Will?
You can usually only challenge a Will after the person who made it, known as the testator, has died and the will has been submitted to a probate court. You must also file your challenge in a timely manner, though the amount of time you have to file your challenge differs depending on your state and the circumstances of the case.
ABOUT THE AUTHOR: Raymond German
Experienced estate planning attorneys Grand Forks ND of the Raymond J. German, LTD. offers estate planning and business planning resources to residents of Grand Forks ND.
Copyright German Law Group
More information about German Law Group
View all articles published by German Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
