what kind of lawyer do i need to contest a will

Although there may be much to gain from contesting a will, it can be a complicated and time consuming process that requires knowledge of local and state laws. A skilled and knowledgeable estate attorney can help determine the correct contest process for your state, as well as determine if you have standing to do so.

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Who has legal standing to challenge a will?

Although there may be much to gain from contesting a will, it can be a complicated and time consuming process that requires knowledge of local and state laws. A skilled and knowledgeable estate attorney can help determine the correct contest process for your state, as well as determine if you have standing to do so. If you are looking to draft a legally sound will and …

What are the steps for contesting a will?

Jul 04, 2009 · Proving it typically involves actions such as consulting with the testator's attorney regarding the provisions of the will, paying for the will, and isolating the testator from his family and friends. As with lack of testamentary capacity, undue influence is very difficult to prove. The Will Was Procured by Fraud BriBar / Getty Images

How to draft a will without a lawyer?

Apr 14, 2021 · You need to find an attorney who handles cases called "will caveats." However, just because he left you out doesn't mean you are entitled to anything. A will caveat only challenges the legal validity of the will based on whether it was executed properly and with the person having full mental capacity.

What are the reasons to contest a will?

Oct 28, 2019 · Contesting a will is a time-sensitive legal act. If you are planning to do so, you must contact a law firm, such as the Obenshain Law Group, as soon as possible. Fighting the will is an uphill battle that is often stressful, but with the help of a legal professional, you can increase your chances of winning your case.

Who must sign a will in Florida?

For example, the will must be signed by the testator—the person who created and is leaving the will—in the presence and hearing of at least two witnesses in Florida . The testator and the witnesses must be in the same room at the same time, and each must sign the will while the others are watching. 1 

What is a will procured by fraud?

A will procured by fraud is one that the testator is tricked into signing. For example, the testator might be presented with a document and told that it's a deed or a power of attorney. She therefore signs it, but it turns out that the document is a will. The will is therefore procured by fraud.

What does it mean when a testator does not have the capacity to sign a will?

"Testamentary capacity" means that the testator understands the nature and value of her "bounty" or assets and that she understands the natural objects of that bounty—who should logically inherit her assets.

Can dementia be a testamentary capacity?

For example, a person can show signs of dementia in some states yet still be considered to have the testamentary capacity to sign a will. 2  She understands the necessary details, even if her memory and mind are slipping in other areas.

Is testamentary capacity difficult to prove?

Absent a doctor's visit or an adjudication of incapacity within days of the will signing, lack of testamentary capacity is very difficult to prove.

Do the testator and witnesses sign the will?

The testator and the witnesses must be in the same room at the same time, and each must sign the will while the others are watching. 1 . It's easy to assume that a will that's executed in an estate lawyer's office will be signed with the proper legal formalities, but this isn't always the case.

Can a last will and testament be invalidated?

But if one of these four reasons for a contest does exist, a last will and testament can be invalidated . It's not a matter of invalidating just one provision. The entire will is effectively thrown out, and the estate proceeds as though the decedent had never left a will at all.

Brandon Alexander Robinson

Good answers from Attorneys Moore and Canipe. A lawyer who litigates probate and fiduciary matters before the Clerk of Superior Court would be the best type of counselor with whom to consult regarding your concerns.

Jeremy Todd Canipe

I agree with Mr. Moore on all points. Under North Carolina law, the only person who must be included in a Will is the surviving spouse. However, you should seek a consultation with a lawyer who handles Caveats. We can provide that type of consultation by video conference.

Matthew Brett Moore

You need to find an attorney who handles cases called "will caveats." However, just because he left you out doesn't mean you are entitled to anything. A will caveat only challenges the legal validity of the will based on whether it was executed properly and with the person having full mental capacity.

What is a Will Contest?

A will states instructions for distributing assets after someone dies. It explains the descendant's final wishes after they pass away in order to eliminate confusion and conflict during this challenging situation. However, in some cases, someone may challenge the validity of a will. When this happens, it means the will is being contested.

Why Do You Need a Lawyer?

Even if you believe that contesting a will is necessary, the court might not agree. Consulting with a lawyer early in the process can help with determining if you have legal grounds for mounting a challenge. A lawyer will evaluate the will and your claims and help you decide whether you should take legal action.

Contact Obenshain Law Group

Contesting a will is a time-sensitive legal act. If you are planning to do so, you must contact a law firm, such as the Obenshain Law Group, as soon as possible. Fighting the will is an uphill battle that is often stressful, but with the help of a legal professional, you can increase your chances of winning your case.