Wednesday

Challenging a Will: Should I Hire an Estate Litigation Lawyer?

By Jesse McComb


When you're challenging a will, you want to be sure that you have an experience estate litigation lawyer on hand to assist you. What you are going to find is that this individual will have the knowledge needed to ensure that your best interest is met and that everything is handled in a legal manner.

Typically, a will must be contested within a certain period of time based on your local jurisdiction. This time can begin after receiving the notice of death or in some cases, after the Letters Testamentary has been issued by a personal representative.

It is important that when you are looking at challenging a will or you want to contest a will, you do understand there are only certain times that the will can be challenged. A good idea will be to sit down with an estate litigation lawyer and explain to them why you believe your will should be contested. In some cases, you will find that there may be no options that are actually available to you.

Forgery is going to be one of those situations that you will have a chance to contest. If you have proof there is a forgery, contesting a will with your lawyer can help you to ensure that you get the items that are owed to you. This can also include things like mistakes made in the will, fraud that took place and undue influence which can occasionally show up in this.

If you're able to prove that the decedent was not in the mental capacity to issue their will, you can also contest this as well. Keep in mind that different factors can come into play in this process as well. This can include diagnosed mental illness or a proven set of events that may have clouded their judgment during this period of time.

Regardless which route you end up going, the entire process is best handled with estate litigation lawyers. Because of this, you will need to be sure that you are working with a professional lawyer who understands this process. They can then ensure that your legal representation helps to keep you safe in this process and that there are fewer problems that you do end up encountering during the time you are challenging a will.




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