Skip to Content

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

Klenk Law

How long do I have to challenge my Dad’s will in Delco?

Posted on Mon Sep 14, 2015, on Will Contests and Will Challenges

From our “Ask a Question” Mailbag: Delaware County Will Challenge

Most Recently Updated July 21, 2018.

“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?”

Will Contests

Delaware County Will Challenge

Delaware County Will Challenge

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.

Challenge a Will within a Year

Unfortunately, you have waited too long to pursue the case. 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, otherwise there 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.

Further Will Contest Questions?

Challenge time frames 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: Delaware County Will Challenge

I hope that this article was helpful in explaining the time frame for a challenge. 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!

Let our Will Contest Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Will Contest 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!

Tags:

Delaware County, Litigation, Pennsylvania, Will Challenge Attorney, Will Challenge Lawyer, Will Challenges

What Our clients are saying

Klenk Law Logo
Stars

Surprisingly easy

Klenk Law Logo
Stars

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

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Klenk Law Logo
Stars

Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.

Klenk Law Logo
Stars

I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.

Let us put our expertise to work for you.

Free consultation within 24 hours.