What You Need to Know about Contesting a Will in Pennsylvania

From Our “Ask a Question” Mailbag: “My mother died this year, and my brother filed a will he had her sign when she had dementia. I want to contest the Will, but I don’t know what that means. Can you explain what You Need to Know about Contesting a Will in Pennsylvania?”

What You Need to Know about Contesting a Will in Pennsylvania?

Since humans had “things,” such as pretty shells or bows and arrows, they have had to deal with the question of what to do with these things when a person dies. This is what we now call probate: making sure the deceased person’s things end up in the correct hands. In our legal system, a person can put such wishes into a binding legal form called a Will. If the person creates the Will correctly under the law, the Will is binding. But if the rules are not followed, the person was not competent to understand what they were doing, or if the person was coerced into signing, the Will is invalid. A Will Contest or Will Challenge occurs when an interested party brings the Will before a judge and attempts to prove the terms should not be followed.

Will Defined.

A writing meant to provide legally binding directions as to how to settle a person’s affairs at death is a Will. A Will can address many subjects. For example, a Will may state who receives the deceased’s assets but also handle matters such as debt repayment, granting the right to use real estate for a set number of years or a life term, guardianship for minor children, the creation of trusts, and giving powers to run a business.

Furthermore, the Will usually appoints an executor. The Executor is tasked with gathering the deceased assets, settling claims, and following the Will’s terms.

Grounds to Challenge a Will.

Only an interested party may challenge a Will. In short, a person is an interested party if they receive more inheritance if the Court invalidates the present Will. If the prior Will gives each child a share, but the current Will gives all the assets to one child, then the other children are interested parties. Why? If your will contest lawyer successfully challenges the current Will, the prior Will takes its place.  

Your Will Challenge Attorney must file a Petition stating the basis on which you believe the Will is invalid. Examples include:

• Forgery. Follow this link to learn more about a Will Contest based on Forgery.
• Duress. Follow this link to learn more about a Will Contest based on Duress.
• Undue Influence. Follow this link to learn more about a Will Contest based on Undue Influence.
• Lack of Capacity: The deceased didn’t have the legal state of mind to make a Will. Will Contest based on Lack of Capacity.

Our Will Contest Team:

If you decide to have our Will Contest Law Firm represent your challenge, you will work with Attorney Glen Ridenour and his team. The team includes Will Contest Lawyer Tracey M. Conner and Will Challenge Attorney Brian Perez. Will Contests are What  We Do. We do not dabble in other areas; we focus on estate-related litigation.   

Want to Read More about Will Contests?

This Blog is just a quick introduction to What You Need to Know about Contesting a Will in Pennsylvania. To learn more, follow this link to my website’s pages entitled Will Contests and Challenges, Everything You Need To Know.

In Conclusion, Do you need a Pennsylvania Will Contest Lawyer?

I hope you found this short article, What You Need to Know about Contesting a Will in Pennsylvania. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate needing our help. Let our Pennsylvania Will Contest Lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. 

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

It’s What We Do!

Tags: Will Challenge Attorney, Will Challenge Lawyer, Will Challenges, Will Contest, Will Contest Attorney, Will Contest Lawyer, Will Contests