There are several different ways to contest or dispute a will. First, you must file a petition in probate court. The court will then hear your case and decide whether it is valid. This may be an uphill battle, but there are certain steps that you can take to have a better chance of success. A skilled lawyer can help you navigate the probate court process. Once you have filed the petition, you must file another document requesting that the court appoint an administrator of the estate.
The most common way to contest a will is by writing down the information you want to inherit, including the value. Even if you’re not a family member, you can still write down information about what you want to inherit and how much it’s worth. Then, contact a lawyer to file a will contest. They’ll meet with you and discuss your concerns and answer any questions you have.
The first step to contesting a will is to determine why you’re challenging it. Are you challenging the will because of a mistake or unfairness? There’s no right or wrong answer in this case, but you’ve got a legal ground to challenge it. It’s important to keep in mind that you can’t contest a will if you’re just a person with no financial stake.
After gathering evidence, you’ll need to file a petition in probate court. You can do it yourself or hire an estate planning attorney. It’s best to retain an attorney with probate litigation experience who has a good understanding of the probate court system in the county where the deceased lived. It’s also a good idea to collect evidence. If you don’t do that, you’re not going to have any luck contesting a will.
Another common grounds for contesting a will is undue influence. If someone exerted undue influence over the testator, they can change the will. A lawyer can help you get out from under the influence. And if someone was under undue influence, they can also be found guilty of fraud. Those grounds are usually the most common grounds for contesting a will.
You can file a petition to challenge a will by submitting documents, witnesses and statements. However, you must be prepared to spend a significant amount of money to win your case. The costs can range from $10,000 to $50,000. And it’s important to note that while winning a will is a legitimate goal, it isn’t guaranteed to succeed. If you have the money, it can be well worth the expense.
In some cases, you may be able to challenge the will yourself. If you do, you may be able to use a handwriting expert to verify the testator’s handwriting. You will need to submit samples of the deceased’s handwriting. If you’re unsuccessful, the expert’s report won’t be conclusive. Alternatively, you can challenge a will based on fraud, which is a deliberate deception of another person to gain personal gain. If the testator was impersonating you, then the challenge is likely to be successful.