The Legal Capacity of the Creator or Testator. Will Challenges Law Firm Philadelphia, PA Challenging a will isn’t easy. The only person who knows the truth is dead. A will should reflect the deceased’s wishes. The court has a written document; now your legal team must provide the judge evidence […]
Category: Will Contests and Will Challenges
Bucks County Will Contests have taken place since the first wills were filed and they will be with us as long as there are families that don’t get along. You can’t stop someone from challenging a will, but with the help of an experienced Will Contest Attorney, you can help make sure […]
Our “Ask a Question” mailbag address the question of how and where does one contest a will.
“I may contest my father’s Will. He died recently in Philadelphia. How do I contest a Will in Philadelphia? Who will hear the case?”
From Our “Ask a Question” mailbag: My sister died recently in Montgomery County, PA, and her boyfriend is filing a forged will. Can I bring a will challenge? “My sister died and her boyfriend is filing a forged Will that gives him everything. The Will she wrote several years ago gives her money to her daughter. Her daughter is hesitant bring a Will challenge. Can I file the Will challenge for her?”
How important is it to choose a Philadelphia Will Contest Attorney whose only focus is estate litigation? Naturally; never trust a complex will contest to a part-time practitioner. That is to say, such cases require specific experience in a particular court. In other words, a “Philadelphia Will Contest Attorney” cannot exist without years of experience. Indeed, contesting wills in the Orphans’ Court is learned over time. As an illustration, with over 20 years of experience, even someone like myself learns more each day.
Addressed in today’s “Ask a Question” mailbag, Where is a Chester County Contest held?
“I believe my brother got my father to change his Will using undue influence. If I decide to challenge the Will, where is the trial? Is the process long?”
From our “Ask a Question” mailbag: Is there a statute of limitations period to challenge a will in Bucks County?
Yes. You have one year from the filing of the will to appeal the filing of a will and to contest the validity through a will contest or will challenge. Filing sooner rather than later is usually the best, as the Executor might be selling or distributing assets, which may be difficult or impossible to recover. A call to the Register of Wills should provide you with the date the will was filed. Depending on your specific timeline, and whether the one year statute of limitations has already passed, your options may vary or be non-existent.
From our “Ask a Question” mailbag: My mother’s caregiver informed us at the funeral that my mother signed a will giving the caregiver all her money. What can we do?
In general, if she has not filed the will yet, you could have an experienced will contest lawyer file paperwork to stop her from filing the will. You can then take stock of the situation. You will then know when the will was signed, who are the witnesses, if the signature is your mother’s, and who drafted the will. You can also surmise your mother’s mental state on the date the will was signed.
From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?
Will contests are heard by the judges in the Montgomery County Orphans’ Court. The Montgomery County Orphans’ Court is located in Norristown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks, months or it could be on the courthouse steps minutes before trial.
From our “Ask a Question” mailbag: My neighbor said that she was going to leave me money in her will. But, at my neighbor’s death, a friend of hers filed a will with the Chester County Register of Wills that gave everything to the friend. I think the will is a forgery. Is there a statute of limitations period for me to challenge the will?
Yes. If you had acted before the will was filed, you could have had your Chester Probate Attorney file a caveat with the Chester County Register of Wills. This would have prevented the friend from obtaining Letters Testamentary until you had the chance to review the Will and decide if you were going to contest it.
