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Law

How to Contest a Will

Over half of Americans don’t have wills when they die. In fact, 68% of the population doesn’t have one.

If someone close to you recently died and left a will, you’re one step closer to settling their estate. What should you do if you don’t believe the will is accurate?

You might need to learn how to contest a will in this case. Contesting a will is a challenging process, but it happens often.

Here is a guide to help you learn more about how this works.

Determine if You Have the Right to Contest It

The first step is to find out, “can a will be contested?” You can’t contest a will without a credible and valid reason. So, what are some reasons that let you contest a will?

First, you can contest a will if you are a close family member and feel like your loved one wanted you as a beneficiary. Secondly, you can contest one if you believe your loved one had a more recent will.

You can also contest one if you were on a previous version of the will but not on the current one. There are several other reasons you might have the right to contest a will.

Hire an Attorney

Before assuming you can contest a will, you might want to discuss your case with an estate lawyer or civil attorney.

When speaking to an attorney, you can ask some crucial questions. For example, you might want to ask, “how long do you have to contest a will?” You can also ask if you have the legal right to contest it.

Additionally, you might want to ask about the next step to take to proceed with contesting it.

Gather the Evidence

The next thing your attorney will do is help you gather the evidence. The goal is to learn how to contest a will and win, and your lawyer needs evidence to achieve this goal.

You can use various types of evidence to prove your case. For example, if you believe that your loved one was incapacitated when making a new will, you might gather medical records as proof.

You can also interview other family members if they might have testimony that backs your case.

File a Petition

The next step in contesting a will is filing a petition with the court. You can’t contest a will without going to court, as a judge must decide the case.

Your attorney will file the petition for you, and you will have to attend a court date. You might have several court dates for the matter, and you may need to testify in court during this case.

Learn How to Contest a Will

If you’d like to know how to contest a will, it’s probably because you feel like your loved one’s will isn’t accurate. You can follow the steps listed here to begin the process.

Did you enjoy this article? If so, be sure to check out others on our site.

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