what kind of attorney do i need to contest a will

You need to present a strong, well-supported claim to successfully challenge a will. If you have any questions about contesting a will, contact an experienced Texas estate & trust litigation attorney for help. A probate

litigation lawyer will take immediate action to protect your inheritance rights and challenge an illegitimate will.

Full Answer

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?

Apr 08, 2022 · 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.

How to draft a will without a lawyer?

Apr 21, 2021 · It could be weeks, months, or years from the date of death or filing of the will with the court. To challenge the will, you need to file a petition in the state probate court where the will is being probated. Each state has its own forms, so you can check with the probate court office or hire an attorney. The petition notifies the court and the ...

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.

Who is Ebony Howard?

She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994. Ebony Howard is a certified public accountant and credentialed tax expert. She has been in the accounting, audit and tax profession for 13+ years. You can't challenge or contest a will simply because you don't like its terms.

What does "testamentary capacity" mean?

"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. She must understand the legal effect of signing a will.

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.

Can you contest a will?

Ebony J. Howard. Updated July 07, 2020. You can't challenge or contest a will simply because you don't like its terms. There are four legal reasons for a will contest in most states, and it can be very difficult to prove any one of them.

How to contest a will?

Before you do anything else about a will you have a problem with, you must determine if you have the legal standing to contest it. Generally, you have the right to contest it if: 1 You were the beneficiary of a prior will 2 You are a beneficiary of the current will 3 You are the beneficiary of a newer will made after the one in question 4 You would be an heir if there were no will and intestacy law applied (this includes spouses, children and possibly parents, sibling and other relatives, depending on the family tree)

How many witnesses are needed to make a will?

Some states require two witnesses to a will, while others require three. Another wrinkle to this is that the will must meet the requirements of the state where the testator had their residence to be valid. So, if the testator was a resident of Texas, but the will was written in Wisconsin and conformed to Wisconsin law instead of Texas law, ...

Why is a will challenged?

These are the general reasons a will can be challenged: Lack of testamentary capacity: This means the testator (the person who made the will) was not mentally able to make a will (this is sometimes called "being of sound mind").

What happens if a will is not met?

State requirements not met: Each state has its own laws about what a will must contain . If the will does not meet those requirements, it may be invalid. For example, some states do not permit handwritten wills that have no witnesses, while others do.

How long does it take to challenge a will?

If the deadline passes and you haven't filed anything, you lose your right to challenge the will. It could be weeks, months, or years from the date of death or filing of the will with the court. To challenge the will, you need to file a petition in the state probate court where the will is being probated. Each state has its own forms, so you can ...

Is it hard to contest a will?

Contesting a will can be challenging, but it can help you rectify mistakes if you've either been left out of the will entirely, or not given what you feel ought to be your fair share. Grief is hard, but it's even harder when you're sure there's a problem with the will. This is what you need to know if you're considering contesting a will.

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.

What to do if you are suing someone?

Or, depending on the facts of the case, your lawyer may recommend sending a letter to the attorney representing the person you are suing with a request for information. Depending upon the information you receive (or do not receive), you may decide to file suit.

What happens in a deposition?

Most likely, you will be deposed. In a deposition, the opposing lawyer will ask you questions about the case, which will then be turned into a written transcript. Your character may be called into question.

Do you have to testify in court?

You may even have to testify in court. Quick decisions are needed. Once hired, your attorney will work with you to develop a strategy for the case. You may be advised to file the lawsuit right away and be the first one into the courthouse.

Can you contest a will after death?

In most instances, you have a limited time to contest the will and if you do not do so within that time frame you are barred from bringing an action. So it is important to consult with a lawyer soon after the death. Most cases settle.

Do lawyers take contingency cases?

Many clients will ask if a lawyer will take the case on a contingency fee basis. That fee usually equates to one-third of what you receive and the lawyer only gets paid if you do. Most lawyers will not take a will contest on a contingency fee because there is a risk they will not get paid.

How long does it take to contest a will?

The statute of limitations for contesting a will is six months after the admission of the will to probate. To be clear, you must contest the will within the six-month period or else the law says that you have lost the chance to do so.

Can you contest a will in Illinois?

Not everyone-and not just anyone-can contest a will in Chicago or elsewhere in Illinois. In order to be able to contest a will, you need to have standing to do so. The term “standing” refers to whether or not you are in a legal position to contest the will. To have standing, a person must be an “interest party” under Illinois law. What is an interested party? In short, it is someone who has some kind of interest in the deceased’s estate and who could be harmed or otherwise affected if the terms of the will were carried out.

How to contest a will?

To contest the will, you need a valid reason. These are fairly straightforward. You need to reasonably prove the testator lacked the mental capacity to understand what was going on when the current will was signed, was pressured into changing it or that the will failed to meet state regulations and is thus not legal.

What to do if you are left out of a will?

If you are left out of a will and believe that you should contest it, prepare to face an uphill battle to get a portion of the estate. Be certain that contesting the will makes financial sense, and that the potential gain will far outweigh the legal costs. Be sure that contesting the will makes emotional sense as the process is a long, ...

How to put a retainer on a lawyer?

Before you put a retainer on a lawyer, engage in some sober second thought. If you are not family and were never named in a previous will, you have no standing to contest the will. If the testator (the deceased) discussed an inheritance with you previously, write down as much as you can remember. Using this, estimate the dollar value (whether money or possessions). If it was never discussed but was implied, you will need to give a high and a low estimate on what you could have reasonably received based on your knowledge of the testator's estate.

Who is Andrew Beattie?

Andrew Beattie was part of the original editorial team at Investopedia and has spent twenty years writing on a diverse range of financial topics including business, investing, personal finance, and trading. Being left out of a will is not a situation most people want to be in.

What happens if you are left out of a will?

If you have been left out of several revisions of the will, your chances will be slimmer because multiple wills must be invalidated.

Can an estate be mediated?

Rather than fighting it out in an all-out court battle that will deplete you and the estate in legal costs, your lawyer may be able to guide the estate to mediation. Mediation may be able to get you closer to a resolution than a prolonged court battle.