Contesting a Will or Trust

Lawyers Guide

When an estate owner dies, there are some people who may be unhappy with the terms of the will, especially if they are given a small portion of the estate of left out. These people may have a right to challenge the will, depending on the circumstances.

  • ContentAre Handwritten Wills Valid?

    Because states did not want to make it more difficult for individuals to dispose of their property, many of them allow for handwritten, or holographic wills. While legally valid in many states, handwritten wills do pose potential problems for clients.

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  • ContentChild Not Included in Will - Can They Challenge It?

    Depending on the state and circumstances of the will, a challenge is possible against the wishes of the estate owner for who would become an heir and spouses. The child of an estate owner may challenge the will if not included in certain situations, and he or she may win a case if specific factors exist and it is possible to challenge the state of mind of the estate owner.

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  • ContentContesting a Trust

    While many individuals have heard of contesting a will, a trust may also be contested in certain circumstances. If a trust is successfully contested, the trust can be modified or even eliminated in some situations.

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  • ContentCut Out of the Will, What Can I Do?

    Losing someone you were close to is always difficult. But, it can be all the worse when you find that the lost loved one may have cut you out of their will, either intentionally, accidentally, or as a result of someone exerting undue influence over the person before their death. So what can you do it you get cut out of a will?

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  • ContentGrounds and Procedures for Contesting a Will

    A person’s Last Will and Testament declares how he or she wants property distributed upon death. This legal document has great power, and courts follow the directions when possible. However, a will contest can disrupt probate proceedings and derail them entirely.

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  • ContentWho Can Challenge a Will?

    When the estate owner dies, there are only so many individuals that have the capacity to challenge the will he or she leaves behind to include a small circle of the relatives and dependents. Challenges are normally not possible with extended family members that are not part of the proceedings or if the share given is not sufficient.

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  • ContentWhat Are the Grounds to Contest a Will?

    Because wills provide the final word from a decedent, courts are hesitant to step into the decedent’s shoes and attempt to speculate on his or her intentions. However, heirs may be unhappy with the terms of a will, especially if they are given a small portion of the estate or left out of the will completely. An individual may be able to contest a will if legal cause exists to do so.

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  • ContentFinding a Will after Probate

    Even though probate takes a long time in usual circumstances, the person inheriting could find the original or replacement will and reveal what the estate owner truly wanted to happen with his or her estate at the time of his or her death. The matter generally goes through probate once again or legal processes to ensure that the correct individuals inherit the right assets.

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