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How to Contest A Will and Win

Posted on Wed Sep 25, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “My brother coerced my mother into changing her will giving him the entire estate. Can you explain how to contest a will and win?”

How to Contest A Will and Win

Will Contest Lawyer, Glen Ridenour.

How to Contest A Will and Win.

Our Will Contest Attorneys regularly represent clients in challenging wills and trusts. Why use an attorney that only handles these matters part-time?

Typically, these disputes contest the will’s validity as a result of undue influenceforgeryfraud, or lack of testamentary capacity.

Our years of experience focusing on these challenges allow us to explain these complex matters to clients in a simple, direct fashion. We work with clients to analyze the case’s strengths and weaknesses and to arrive at a plan of attack or defense that is in your best interest.

Having an experienced attorney advise you is an important step in a successful will challenge.

Can I Contest A Will?

The initial step in How to Contest A Will and Win is determining if you have the legal right challenge the will. To succeed, you must file the challenge within the Statute of Limitations period and be an Interested Party.

Only people who have been damaged by the Will can challenge the Will. An Interested Party is someone who can demonstrate harm has resulted from the Will.

For example, if the new Will gives a vacation home to your sister instead of being divided between your sister and you, then you are an Interested Party. But, if the new Will gives a vacation home to your sister and the prior valid Will gives the vacation home to your brother, your brother is an Interested Party, but you are not. 

What Is the Procedure?

The heart of a Will Challenge is the belief that the offered Will does not reflect the testator’s actual intent or that the Will is otherwise invalid. A Will Contest begins with a formal objection to the validity of a Will. We file these legal objections in specific locations, such as the Register of Wills, Surrogate, or the Orphans’ Court. Specific procedural rules govern Will Challenges, and failure to follow these standards can lead to the case’s dismissal. It is of vital importance to correctly craft and file the initial Will Challenge Petition. If filed incorrectly, crucial issues might be later barred.

More Detail.

For more detailed information about How to Contest A Will and Win, see my page “Will Contests for Non-Lawyer.” 

In Conclusion: How to Contest A Will and Win.

I hope you found this short article about How to Contest A Will and Win helpful. 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!

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Tags:

Glen Ridenour, Will Challenge Attorney, Will Contest, Will Contest Lawyer

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D.P.

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

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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!

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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.

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