Blog & Resources

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.

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 Bucks County Orphans’ Court. The Bucks County Orphans’ Court is located in Doylestown. In many cases, will contest challenges settle before a trial.

From our “Ask a Question” mailbag: My brother used undue influence on my father — who suffered from Alzheimer’s — to change his will. I have filed a will contest in Camden County. My brother’s attorney is not doing any work, as he says the burden is on me. Is he correct?

When you are the challenger in a will contest the initial burden of proof is on you to show that the will was created under undue influence. An experienced will contest lawyer can explain this burden to you, as it is a bit too complex for a blog post.

From our “Ask a Question” mailbag: My father, a resident of Delaware County, Pennsylvania, died of dementia 12 years ago. Shortly before he died, his will was changed giving everything to my cousin. We believed that my father died broke, but now that my cousin 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 ¼ of his estate. Can I challenge the will?

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.

From our “Ask a Question” mailbag: My brother has filed a will with the Surrogate that I believe is not my mother’s will. I want to contest the will, but how long do I have to file the will challenge?

Once the will is filed and accepted by the Surrogate, to challenge the will you must have a complaint filed in the proper format with the New Jersey Superior Court Clerk. If you are a New Jersey resident, you only have four months to file the complaint. if you live outside New Jersey, you have six months.

From our “Ask a Question” mailbag: My neighbor promised to give me her Montgomery County house in her will. She died recently and her son, who did not talk to her for 10 years, has filed a will from the 1970s that leaves him everything. Can I challenge that will?

If I understand the facts correctly, your neighbor died and—to the best of your knowledge, her most recent Will was the one her Son filed with the Montgomery County Register of Wills. That Will is very old, but as far as you know, is the most recent Will she signed. Though she verbally promised to give you the house in Montgomery County, she failed to write a new Will.