A good murder mystery movie often showcases a questionable will or the lack thereof. While this might intensify the plot, as the audience determines if the individual was murdered for their wealth, the reality is that questioning the validity of a will does not only happen in a murder mystery or the movies. Heirs have the opportunity to contest a will when they believe various factors and conditions signal that the document might not be valid and enforceable.
At The Law Firm of Michael S. Rothmel, LLC, our attorneys understand that family members do not always agree. This is often amplified when a loved one passes, and heirs do not agree with the distribution of property designated by a will. While some of these might be frivolous arguments due to jealousy and anger, others may have a basis for a legal claim.
Our law firm has years of experience helping individuals navigate will disputes. We are here to listen to your situation, helping you to understand if you have grounds to challenge a will.
Challenging a will
There are numerous causes to challenge a will; however, the following are the most common and valid reasons individuals challenge the validity or enforceability of a will. This includes undue influence by a family member, beneficiary or affiliate of a charity; lack of mental capacity to create a will; the current will differs from a previous version of it and changes that substantially alter the terms of the will were made very close to their time of death and procedural requirements, such as a signature or witness, were not met when the will was created.
Contesting a will may feel like an intimidating task, as it is no easy feat to take on. Nonetheless, it is a step you should take if you question the contents of the will and whether it is valid. Having a legal team by your side can help better explain your situation, legal rights and options available to you. This can give you some peace as you are also grieving the loss of a loved one.