What if someone objects to the will?

If someone files an objection to the (probate estate) Will, or produces another Will, what is known as a “Will contest” has begun. While Will contests are not that rare, and while few people actually win one, they can be extraordinarily costly and create incredible delays.

It is not just anyone that can contest a Will. For example, if you feel your recently deceased next door neighbor’s out of state children are awful people who didn’t give her proper respect and they do not deserve to get anything, that does not cut it. To properly contest a Will a person must have “standing” to object.

If, a person has proper standing to contest a Will — such as a child who was cut out of the Will by an angry parent, or even by a kindly parent who felt that the local charity, not his children, should get his assets, that child would have standing to bring a “Will contest”. If a Will gives the one sibling 2/3rds of a parent’s estate and the other 1/3rd, the one receiving less has standing to bring a Will contest. Similarly, if a later Will is less favorable to someone than an earlier Will, or no Will at all, that person has standing. A Will contest sometimes is launched to have a different person, bank or trust company serves as Personal Representative for the probate estate, or as a trustee of Trusts created by the Will.

Schedule to see this house

Like this house? Want to see it? Please let me know and I'll contact you shortly.

Speak Your Mind

*