Preparing to Contest a Will
Should you think that it’s time to contest someone’s will, this article might help you figure out whether or not it’s worth your time. Don’t take this situation lightly. You must be aware of how this situation is impacted by probate law, and keep in mind that you shouldn’t do this on a whim.
It’s completely possible that the deceased went and put something in their will in order to prevent people from contesting it. The potential risk of the situation may be higher than you think, and you must be able to research what the will says so that you have an idea of what you’re fighting. Not every estate planning document is made in the same fashion.
Check the Situation
Should you not be a family member, contesting the will may be out of the question. Being married into or blood related to the family could make or break your case. For those looking to get married or have kids, keep this in mind as to how your life decisions may impact your future estate planning.
Situations in which the deceased was somehow inhibited while writing the will are what you may need to be a part of as well. You want to have a rock solid reason for why you are troubling the court over this matter.
Note that you might also need to be able to state how much you thought the deceased promised you. If they had legitimate conversations with you about what they would give you, write down as many details as you can. You want to have as many legitimate things to bring before the court. Remember that you’re doing this because you think something’s out of place. This shouldn’t be because you’re trying to figure out the truth, but because you’re trying to make things factual.
Get That Will
If you’re serious about contesting a will, get the will in your possession. Don’t expect that a will reading will commence anytime soon. Moreover, if you can, get as many versions of the will that you can find. PDF scans on the computer, files locked in a safe deposit box, or a worn copy they kept between under their mattress may all prove valuable in court. Checking the differences between any of the copies may tell quite a story. Go the extra mile and sentence diagram them if you can.
In the case that you’re having trouble getting the will, contact the executor. The executor may have better knowledge of the will’s contents than the probate court has. Any good executor knows that their job really depends on the will and its instructions since they are acting as the deceased.
Wills that have entered probate can also be acquired from the probate court. However, double check to see how long you can actually contest the will. You may not have that much time to bring up your concerns.
Be Aware of Sealed
Sealed wills aren’t for the public eye. Most wills become public record after some time, but there’s always the chance that the will’s executor or its beneficiaries may demand for it to be sealed. That’s when things may become a little more complicated since things aren’t meant to be publicized. The probate records might get sealed as well, barring most people from investigating those as well.
To lighten the situation, cases like these are not common. A judge might only do this in the case that the deceased was a celebrity. So, don’t assume that you can count on using your favorite movie star’s will for your next college essay. You must also be careful of anyone who was a testator. You might not be able to gain access to their will until they’ve passed since the Register of Wills may keep that will private. How you get access to a sealed will or the will of a testator may prove more difficult than you imagine.
Find Mr. Clause
Wills can be written to dissuade people from contesting them. A no contest clause might have been included in the will to prevent anyone invalidating it in the first place. While these clauses don’t make the will fire-proof, they are meant to stop people from taking risky chances. If a will has one of these added to them, only contest the will as a last resort.
You might not have to worry about this kind of clause if you’re not included in the will, but be mindful if you are. It’s entirely possible that you could unintentionally forfeit your inheritance if your challenge to the will ends up faltering. That means you could lose all your chances that you once had of inheriting anything from the deceased. And no, this isn’t a game show where you are promised double or nothing.
Minnesota Probate Lawyers
Figuring out any part of probate, wills, or estate planning in general might not seem easy. Whenever you have trouble with any of those three subjects, you can always contact a local probate attorney for a helping hand. Even if you’re not sure that you want to try and contest a will, you can always get more help on general probate concerns.
Maybe this will help you better understand how to make sense of all this craziness. Take a breath and talk to someone from Flanders Law Firm LLC. Call them at 612-424-0398.
