Most Recently Updated Sept. 15, 2017.
Lehigh County Will Contest, An Introduction
From our “Ask a Question” mailbag: Lehigh County Will Contest, An Introduction.
“My father suffered from Alzheimer’s. So, I do not think he could sign a new Will. I am considering challenging the Will my step-mother filed in Lehigh County. Can you give me the basics of a Will Contest? What am I getting myself into?”
Well-Crafted Petitions Begin Lehigh County Will Contests.
I will give you a short introduction here, but I encourage you to read my Article, Will Contests Explained for the Non-Lawyer: Everything You Need To Know. That article provides you with more detail than this space allows.
Your Lehigh County Will Challenge must begin with a well-crafted petition challenging the Will’s validity. I emphasize, “well-crafted.” You build the case based on this petition. It is your foundation. Prepare the Petition correctly or risk waiving important positions. Therefore, an experience Will Challenge Lawyer is vital.
You have said that you base your challenge on Lack of Capacity. So, to succeed, we must provide the judge evidence proving the case. Only showing that your father had Alzheimer’s is not enough. For more detailed information, see my Article, “Lack of Capacity: Everything You Need To Know.”
In a Lehigh County Will Contest, The Burdon is on You.
The burden will be on you to prove your case. Assemble a good team; this will be a marathon and not a sprint. There are specific elements to establishing a Will Contest based on Lack of Capacity. The judge orders discovery. You will need an experienced attorney to gather evidence through depositions and subpoena. At trial, your attorney submits the evidence under Rules of Evidence. This process takes time to learn. Experience is vital for your case.
Lehigh County Will Challenges, An Introduction.
In conclusion, in this Post, I tried to introduce you to the process of pursuing a Lack of Capacity Lehigh County Will Challenge. Further, I included links to even more detailed information on my website. So, let me know how I did, comments and questions are welcome!
Furthermore, I would be happy to answer your questions. If you have any other matters for a Lehigh County Will Challenge Attorney, feel free to contact our office for a free consultation. We try to make the process painless!
Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!
Author, Peter Klenk, Esq.