If within the statute of limitations period, an interested party can challenge a Will.

A Will Contest that does not settle, and goes to trial, can take up to two years until completion.

An interested party can contest a Will. An interested party is someone who can demonstrate financial harm created by the Will.

Several reasons can invalidate a Will, including Undue Influence, Duress or Coercion, Fraud, Forgery, and Lack of Testamentary Capacity.

In the context of a Will Contest, “Will Formalities” refers to the state rules regarding proper Will execution. For example, the number of witnesses and signature locations. If these rules are not followed, the Will is not a Will.

A Will Contest begins when an interested party has their Will Contest Lawyer draft a petition spelling out the Will Contests’ basis, which is filed in the appropriate court.

Each state has a statute of limitations period. Contact our Will Contest Lawyer, let us know in which jurisdiction the Will falls, and we can tell you how long you have to contest the Will.

If the statute of limitations period has not passed, you can challenge a Will after it has been probated.

Grounds for a Will Contest include Undue Influence, Duress or Coercion, Fraud, Forgery, Lack of Testamentary Capacity, Superseded Will, and Improper Will Execution.

A Will Challenge that does not settle and goes to trial can take up to two years.

The person contesting the Will pays his bill, and the person defending the Will pays her bill. Typically, the estate does not pay any portion of the contest expense.

The contestant must be an interested person, pay the costs involved and prove to the judge that the Will is not valid because of Undue Influence, Duress or Coercion, Fraud, Forgery, Lack of Testamentary Capacity, Superseded Will, or Improper Will Execution.

When searching for an attorney experienced in Will Contests, use the search terms Estate Litigation Lawyer or Will Contest Lawyer.

Before Probate, have your Will Contest Lawyer file a Caveat. Quick action allows you to review the Will before its acceptance into Probate.

A Will Contest is a court proceeding where interested parties dispute the validity of a Will presented as being valid by one party.

An interested party cannot contest a Will just because they don’t like what it says.  You must present a proper basis for the challenge. Then, produce evidence.  A Will Contest is a lengthy legal process best managed by an experienced estate litigation attorney.

You have one year after the will has been accepted to Probate to contest the Will in Pennsylvania.

Only Interested Parties can Contest a Will. This means the challenger must demonstrate that the Will being challenged has diminished their inheritance.  So, if the Will presented gives the girlfriend nothing, but the prior Will does give her a gift, then she can challenge. But, if she was not included in prior Wills, then a girl or boyfriend has no power to challenge a will.

When someone says they wish to Contest an Inheritance, they usually mean they wish to Contest a Will.  But, they may refer to Challenging a beneficiary designation.  For example, you may believe that your father’s IRA beneficiary designation was changed by forgery.  If you were the beneficiary before the forgery, you have the right to challenge.

Pennsylvania Law allows only certain reasons to challenge a will. For example, Duress, Undue Influence, Fraud, and Forgery.

PA law requires that you be 18 years old, be of sound mind, and sign the Will at its end.  PA is the only state that does not require witnesses.  But, if you have witnesses, filing the Will at your death is much easier.

Some states allow you to file a WIll before your death, but not Pennsylvania.  You cannot file a Will until death. Once a person dies, the Will and death certificate is filed with the Register of Wills, not a court.  If an estate has no assets, then there is no need to file the Will.

There is no end date for a Will in Pennsylvania.  For example, if you sign a will at age 18 and make no other Will until your death at age 90, then the Will you made at age 18 is valid.

Creditors may make valid claims for one year from the date of an estate is opened with the Register of Wills and advertised. Often within this year, all the probate matters can be completed. This typically includes the Inheritance Tax Return, selling assets, and preparing a settlement agreement to release the executor from liability.

Pennsylvania law says you cannot disinherit your spouse without their consent. You don’t have to mention your spouse in your Will, but they have the chance to claim a share of the estate. Your spouse can waive this right in a prenuptial or postnuptial agreement.

Father in the hospital dying from terminal cancer.  While ill and drugged, his girlfriend pressures him, resulting in her receiving a larger share of his estate.  Undue Influence happens most often when a person’s ability to defend their own wishes has been diminished by age or illness.

No. The incorrect thought is that by leaving someone a dollar, you have not disinherited a person, and they cannot challenge the will.  This is not true. Further, giving them a dollar gives them the right to receive information about the estate as an heir. Even more irritating is when such a person refuses to accept the dollar leaving the executor with an open estate.

A No-Contest clause is a provision in a Will stating that a beneficiary will forfeit their inheritance should they Challange a Will. Many states, such as Pennsylvania, do not honor such clauses.  Further, if you exclude someone from your Will, then having a No-Contest clause is meaningless; they are already excluded, so there is nothing to forfeit by challenging the Will.

Pennsylvania and New Jersey do not require you to leave anything to your children. So, your dad can leave you out of his will.

Yes. Any heir who would inherit from you if you had no Will can challenge your Will.  Even if you have been estranged for many decades, a child can Challange your Will. Careful planning with your Estate Planning Lawyer can help prevent an estranged child from trying to Challenge your Will.

.No. A Will does not need to be notarized to be valid in Pennsylvania. However, properly witnessing and notarizing your Will makes the Probate process easier.

Yes. But, a Beneficiary can later raise questions about the sale in court, so obtaining approval is the best option.

One year from the Will being accepted to Probate. But, as in most things, sooner is better than later.  If the Executor can access funds and spends them before your challenge, your later victory might be hollow.

A parent has no legal obligation to leave anything to their children in their will.  Your mother may exclude you for any reason at all.

Yes. As a child, you are an intestate heir, with the ability to challenge any Will giving you less than you would inherit had there been no Will.

No. As a creditor, the landlord could file a claim against the estate for unpaid rent, but without more, the landlord has no standing to challenge the Will.

Will Contest Evidence is most often secured from the Testimony of doctors, friends, witnesses, and family. Also, medical records, bank records, and expert witnesses.

Yes. As a child, you are an intestate heir, with the ability to challenge any Will giving you less than you would inherit had there been no Will.