Losing a moms and dad can be among the most emotionally difficult times you will ever need to deal with during your life time. Sitting down to hear the terms of your mom’s or daddy’s Last Will and Testimony is typically among the most tough parts of the loss.
If the terms of the Will do not sound ideal to you, it can be considerably harder. If you are genuinely worried that something just isn’t right, you have the alternative to attempt and contest the Will.
Contesting a Will is a complicated and lengthy procedure. It might drag on for months, even years, and will likely drain the estate of substantial properties before all is said and done. Unlike the impression many individuals have of a Will contest, just being dissatisfied with the quantity you were left in a Will is not typically a legal factor to object to the Will itself. Rather, you need to normally declare, and eventually prove, that the Will itself is void.
The laws in the state where the decedent was a citizen at the time of death will dictate much of the Will contest treatment. Who can petition to challenge a Will, what grounds can be utilized to challenge a Will, and the treatment for asserting an obstacle will all depend upon where the decedent lived at the time of death. As a basic rule though, you will need to prove something like the decedent underwent unnecessary influence at the time the Will was signed, or the decedent was not of sound mind when she or he signed the Will.
If you are able to prove the allegations consisted of in the petition to contest the Will, the Will is declared void and the estate is then managed as an intestate estate unless a previous, valid Last Will and Testimony is located. Again, state laws will vary rather; nevertheless, intestate succession generally divides the estate among instant family members first, such as a partner and children and after that branches out from there to find more blood family members.