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August 3, 2019

Can I Challenge My Mom’s/ Daddy’s Last Will and Testimony?

by Jackson Watson in Estate Planning

Losing a parent can be one of the most emotionally challenging times you will ever have to deal with throughout your lifetime. Taking a seat to hear the terms of your mom’s or father’s Last Will and Testament is often one of the most difficult parts of the loss.

If the regards to the Will don’t sound best to you, it can be significantly harder. If you are really worried that something just isn’t right, you have the option to attempt and object to the Will.
Contesting a Will is a complicated and prolonged procedure. It could drag out for months, even years, and will likely drain pipes the estate of substantial properties before all is stated and done. Unlike the impression lots of people have of a Will contest, simply being dissatisfied with the amount you were left in a Will is not usually a legal factor to contest the Will itself. Rather, you must generally declare, and eventually show, that the Will itself is void.

The laws in the state where the decedent was a resident at the time of death will dictate much of the Will contest procedure. Who can petition to challenge a Will, what premises can be used to challenge a Will, and the procedure for asserting a difficulty will all depend upon where the decedent lived at the time of death. As a general guideline though, you will require to show something like the decedent was subjected to excessive impact at the time the Will was signed, or the decedent was not of sound mind when she or he signed the Will.
If you have the ability to show the claims contained in the petition to contest the Will, the Will is stated void and the estate is then handled as an intestate estate unless a previous, valid Last Will and Testament is located. Once again, state laws will vary rather; nevertheless, intestate succession generally divides the estate among instant family members initially, such as a spouse and kids and then branch off from there to discover more blood family members.