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!

Can Nieces and Nephews Contest a Will?

Posted on Mon Dec 30, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “My aunt died last week.  At the funeral, my uncle informed my sister and me that just before she died, my aunt signed a new will that gives him everything. My aunt told us that she was leaving us $100,000.00 each in her will. My aunt was in the hospital for a month on morphine and didn’t even know who we were. We want to challenge the will, but Can Nieces and Nephews Contest a Will?”

Can Nieces and Nephews Contest a Will

Will Contest Lawyer, Glen Ridenour.

Can Nieces and Nephews Contest a Will?

Only a party in interest with standing can bring a Will Challenge. But, anyone can have standing given the right facts. Will contests are not limited to the deceased’s children.

The courts are a busy place, and if anyone on earth could walk in and challenge any will, the judges could never handle the caseload. Therefore, only those who are a “party in interest” can bring a will contest.

Who Is a Party In Interest?

A party in interest is a person who was financially harmed by the will in question.

For example, if we discover your aunt’s prior Will excluded you, then this new will does not harm you. Your rights are unchanged. You received nothing under the former will nor this one. So, you are not a party in interest. 

But, if what your aunt told you is correct and you were to receive $100,000.00 in the prior will, then this new will does harm you. You are a party in interest and have the standing to challenge the will.

What Is the Procedure?

First, we would file the will contest petition. Once the judge determines you are an interested party, we enter the discovery phase. Among other things, we have the right to subpoena your aunt’s medical records and depose the witnesses. Should the matter not settle, we then go to trial.

Will Contests are not for the faint-hearted.  Though a Will Contest can end in a quick settlement, there is no way to force your aunt to agree. Only the judge, after a trial, can order a result. Therefore, you can hope for the best, but you should plan for a trial.

More Detail.

For more detailed information about Can Nieces and Nephews Contest a Will, see my page “Will Contests for Non-Lawyer.” 

In Conclusion: Can Nieces and Nephews Contest a Will.

I hope you found helpful this short article about Can Nieces and Nephews Contest a Will. I have also included some links for more detailed information. If you are curious about pursuing a Will Contest, contact us and let our Will Contest Lawyers help walk you through what can be a confusing process. In fact, feel free to contact our office for a free consultation. 

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

It’s What We Do!

Tags:

Glen Ridenour, Will Challenge Attorney, Will Challenge Lawyer, Will Challenges

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

Klenk Law Logo
Stars

Gene Link

Knowledgeable lawyers, helpful attitude, fair fees.

Klenk Law Logo
Stars

Rocco D.

I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.

Klenk Law Logo
Stars

Peter G.

Very knowledgeable! Peter Klenk always has a thorough answer, and the associates have more experience than you'll find at most firms. They really only do estate work.

Klenk Law Logo
Stars

Sharon S.

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

Let us put our expertise to work for you.

Free consultation within 24 hours.