On What Grounds can I Contest a North Ft. Myers Will?
When a will is admitted to a probate court, it goes through a rigorous review process before being deemed legitimate. Any mention of elder law issues or guardianship arrangements are given strong scrutiny. During that process, family members or any one else who feels the will is not legal can challenge it. It takes time and resources to challenge a will. However, it can be worth it if you feel that the deceased’s estate is being threatened in some way. There are many reasons a probate court will accept for contesting a will.
In every state, a minor is considered anyone under the age of 18. Some states allow minors who served in the military to legally file wills in probate court. Any other minor is not allowed to legally submit a will. Successfully contesting a will based on the age of the deceased is not common, but it can be done.
A forged will can be the result of several different situations. A disreputable attorney might forge the deceased’s signature on will changes, or someone with power of attorney might submit changes they claim were done on behalf of the deceased. It is very difficult to prove that a will was forged, but it can be an important stand to make if you know you are right.
Undue influence is when the deceased made changes to their will before passing away, but they did so under the threat of another individual. This often happens as people get older and someone close to that person decides to force will changes that would benefit the influencer.
The Existence Of A More Current Will
There are some people who tend to jump around from lawyer to lawyer for various reasons and they wind up creating multiple wills. When a family member suspects that the will that is in probate is not the most current will that was registered, then they can challenge the process to make sure the most current will is used.
Improperly Witnessed Will
In most states, wills must be typed and witnessed by at least one person to be legal. Some states allow handwritten wills that are only signed by the will maker. A will without a witness can be challenged in probate, and a handwritten will can also be challenged. These cases can sometimes wind up being very bizarre. But, they are often necessary to make sure the right will is approved by probate.
If you suspect that the will of a loved one is not legitimate, then you need to contact one of our asset protection lawyers right away. We can help you to contest a will in North Ft. Myers, and we can also help to put together the information the probate court will need to see.