Losing a parent can be one of the most emotionally challenging times you will ever have to face throughout your life time. Sitting down to hear the regards to your mother’s or daddy’s Last Will and Testament is often one of the most hard parts of the loss.
If the terms of the Will do not sound ideal to you, it can be considerably more challenging. If you are truly worried that something just isn’t right, you have the alternative to try and contest the Will.
Contesting a Will is a complex and prolonged process. It might drag out for months, even years, and will likely drain pipes the estate of considerable assets before all is said and done. Unlike the impression lots of people have of a Will contest, just being unhappy with the amount you were left in a Will is not usually a legal factor to contest the Will itself. Instead, you must normally allege, and eventually prove, that the Will itself is void.
The laws in the state where the decedent was a citizen at the time of death will dictate much of the Will contest treatment. Who can petition to challenge a Will, what grounds can be used to challenge a Will, and the procedure for asserting a difficulty will all depend on where the decedent lived at the time of death. As a basic guideline though, you will require to show something like the decedent was subjected to undue impact at the time the Will was signed, or the decedent was not of sound mind when he or she signed the Will.
If you have the ability to show the claims consisted of in the petition to contest the Will, the Will is declared invalid and the estate is then managed as an intestate estate unless a previous, valid Last Will and Testimony is situated. Once again, state laws will vary somewhat; nevertheless, intestate succession usually divides the estate among immediate relatives first, such as a partner and children and then branches out from there to find more blood family members.