Mourning a loved one's death can become even more difficult when you find out that you were left out of a will. Almost anyone can protest a will during the probate process, so read on to find out more.
You Have Issues With the Will
You may disagree about one or more parts of a will or might think the entire will is wrong. However, you must have legal reasons to take action with a will. Being left out of the will is not one of those reasons alone. You must, in that instance, show that the will is not authentic or that the deceased was under undue influence when it was made out. Take a look at some common ways that wills can be less than acceptable to others:
Fraudulent influences
One of the probate court's first actions is to ensure that the will was written by the deceased. Signatures and witnesses are checked and prior copies of the will, if possible, are located.
Illegal
What passes for legal in one state may run into issues in another state. If a will contains illegal provisions, the entire will could be in jeopardy of being ruled invalid. For instance, some states don't allow the will's author to include conditions that might exclude certain beneficiaries from inheriting. Also, hand-written or holographic wills are not legal in all states and all circumstances.
Undue influence
Often, relatives, caregivers, and others that had a close relationship with the deceased used that relationship to have a will changed or created that favors them unfairly. You must show that lies, deceit, tricks, and manipulation was used in that endeavor.
Incapacity
Sound mind and body are not just catch-phrases. If you can show that the deceased was mentally incapacitated at the time the will was signed, it could be invalid.
Legal Remedies
Before you make another move, speak to a probate or estate lawyer about your concerns to make sure that you have a valid issue with the will. Find out what will happen if the will is declared invalid. In some states, the probate court uses state law to distribute the estate rather than the will when that occurs. Also, be aware that some wills have provisions specifically addressing cases where the will is contested. You might, for example, find out that you will be automatically prohibited from inheriting anything if you contest the will.
When things seem wrong about a friend or loved one's will, don't just do nothing. Speak to a probate lawyer, and learn more.
Share26 July 2021
After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.