Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Who Can Challenge a Will in Bucks County?

Posted on Wed Jul 8, 2015, on Will Contests and Will Challenges

From our “Ask a Question” Mailbag: Bucks County Will Challenges

Most Recently Updated July 15, 2018.

“My grandfather, a resident of Bucks County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke, but now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive a portion of his estate. Can I challenge the will?”

 

 

Bucks County Will Challenges

First, Determine What You Can Gain from a Will Contest.

First, a will challenge case alone based on Incapacity or Undue Influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership. To be successful, you would first have to prove that the joint account was created improperly—perhaps under undue influence or forgery—so that the assets would pour into the estate. Then you would have to prove that the existing will was invalid.

The Statute of Limitations.

Unfortunately, you have waited too long to pursue the case. Pennsylvania Will challenges or will contests must be brought within one year of the will’s probate with the Register of Wills. A will challenge is an appeal from that probate.  And after one year you are no longer able to appeal that probate.

This time limit makes sense. Without a limit, there would never be a way to be sure that estate assets could be sold without a future challenge. If you had acted within one year you could have challenged the will. You were an interested party, because if the Will filed for probate was found invalid you would have inherited your portion of the estate. You would have then also had the right to do discovery and find out how the account became joint with your Aunt.

If you would like to have more details, read my Article, “Will Contests Explained for the Non-Lawyer: Everything You Need To Know.”

Further Will Contest Questions?

Will challenges are one part of the Will Contest process. By all means, if you want to learn more, please read my more detailed article, Will Contests and Will Challenges All You Need to Know.

In Conclusion: Bucks County Will Challenges

I hope that this article was helpful in explaining will challenges. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

((For litigation, you need to modify this sentence for the subject matter and then link to the correct page))

Let our ((((—-Will Contest/Guardian/Probate Litigation—-, etc.)))) Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced (((((—same as the first sentence—and link to right page—-)))) Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

Wills, Trusts, Probate, and Estate Litigation It’s All We Do!

Author, Peter Klenk, Esq.

Tags:

Bucks County, Glen Ridenour, Pennsylvania, Will Challenge Attorney, Will Challenges, Will Contest Attorney, Will Contest Lawyer, Will Contests

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Lu Han

I have worked with three different attorneys and law firms over the years, and I can confidently say that attorney Peter Klenk stands out as the most knowledgeable. He created the most thorough wills and trust documents I've ever had. Mr. Klenk took the time to gather all the necessary details about my current situation and goals. As a result, he put together comprehensive documents that I believe will effectively protect my assets and ensure my children's inheritance is secure.
What truly sets Mr. Klenk apart is his patience and dedication to understanding my questions. He provided detailed explanations that made complex legal concepts much easier to grasp. His team's communication and scheduling were equally impressive, making the entire process smooth and stress-free.
Thank you, Mr. Klenk, and your fantastic team, for your exceptional service!

Klenk Law Logo
Stars

Callista O “Callista O” Chukwunenye

I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!

Klenk Law Logo
Stars

Javier Suarez

The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.

Klenk Law Logo
Stars

Dave Wong

Very easy to deal with. Like the fact they are focused on estate planning and their expertise in this area shows. Peter and staff were helpful and easy to communicate with.

Klenk Law Logo
Stars

Paul A

Klenk was efficient and professional in designing and executing the necessary documents for my trust, will and associated paperwork after my moving to pa from out of state. This allowed an inherently unpleasant responsibility to be completed with minimal agony and diligence. His web site further enables executed document update and distribution with minimal fuss.

Let us put our expertise to work for you.

Free consultation within 24 hours.