If you have been named as the executor of a loved one’s estate and believe that there are irregularities with how the will was executed or if you think that someone is trying to take advantage of the situation, it is important to understand how to contest a probate. This can be a difficult process, but with the help of an experienced attorney, you can make sure that your loved one’s final wishes are carried out properly. In this blog post, we will discuss the basics of contesting a probate and what you need to know in order to get started.
What is contested probate?
Contested probate occurs when someone challenges the validity of a will or the way in which it was executed. This can happen for a number of reasons, but usually, it is because the person contesting the will believes that they are entitled to a greater share of the estate than what is laid out in the will. Additionally, contested probates can occur if there are concerns about whether or not the deceased person had the mental capacity to create a valid will at the time that it was made.
Can probate be contested once granted?
Yes, probate can be contested after it has been granted. However, if you wait until after probate has been granted to start contesting the will, you may have a more difficult time succeeding. This is because, at that point, the executor of the estate will have already distributed the assets according to the terms of the will. If you are going to contest a probate, it is best to do so as soon as possible.
Why do people contest probate?
There are many reasons why people might choose to contest a probate. As we mentioned before, one common reason is that they believe they are entitled to a greater share of the estate than what is laid out in the will. Additionally, people may also contest a probate if they suspect that the deceased person did not have the mental capacity to create a valid will or if they believe that the will was created under duress.
When can you contest probate?
If you want to contest a will, you must do so within six months of the date that probate is granted. This is because, after that point, the executor of the estate will have already distributed the assets according to the terms of the will.
Can probate be challenged?
Yes, probate can be challenged. However, it is important to understand that there are certain grounds on which a probate can be challenged. These include lack of mental capacity, duress, and fraud. If you want to challenge a probate but are not sure if you have grounds to do so, it is best to speak with an experienced attorney who can help you determine if your case has merit.
Who pays to defend a contested will?
If you are named as the executor of a will and someone contests it, you may be responsible for paying the legal fees to defend the will. However, this will depend on your state’s laws and the specific terms of the will. It is best to speak with an attorney about this before agreeing to serve as the executor of an estate.
How do you deal with contentious probate?
If you find yourself in the middle of a contested probate, it is important to seek out experienced legal help as soon as possible. An attorney can help you navigate the process and ensure that your rights are protected every step of the way. Additionally, an attorney can also help you understand the specific laws in your state and how they may apply to your case.
Contesting a probate can be a complicated and stressful process. However, with the help of an experienced attorney, you can ensure that your rights are protected and that the final wishes of your loved one are carried out properly. If you find yourself in the middle of a contested probate, do not hesitate to seek legal assistance as soon as possible. For more information, help and guidance head over to Mark Reynolds Solicitors.
