When you are dealing with the death of a loved one, the last thing that you want to be worrying about is the stress and strain of arguing with your siblings and looking for a will contest law firm in King of Prussia, Pennsylvania. Unfortunately, the attorneys at Klenk Law know this is exactly the time when rifts appear between siblings. If something in your parent’s will appears to be unfair, or one sibling was left items or property that another sibling believes he or she deserves, arguing can ensue and there might be threats to contest this will. Our team understands this difficult time that you are going through, and we can help explain the circumstances when it is possible to contest a will. If you have any further questions about this or would like to get in touch with one of our lawyers, call our firm today at (215) 790-1095.
What Does It Mean To Contest a Will?
If a sibling feels slighted from your parent’s will, they might quickly state that they are going to contest it out of fairness. The first thing to remember is that stating you will contest it is not the same as doing so. It is an expensive process. How does this work? A will, under probate law, can only be contested by a handful of people. These are:
Before anything can be contested, the offended party will need to contact the court to state that they believe there is a problem with this will. That said, just because someone might feel hurt or left out does not mean they will successfully get the will contested. There must be a legitimate legal reason to overturn someone’s last will and testament. An experienced will contest lawyer in King of Prussia, PA can evaluate your case and offer the best path forward.
Legal Reason For Contesting a Will
If you or a loved one is contesting a will, there are only four reasons that a court can recognize when contesting it. They are:
Mental Capacity. A common argument is that the testator (person signing the will) did not have the proper mental capacity needed to sign the will. It would be argued that your parent did not understand his or her assets, who the beneficiaries were, or what effect the will would have.
How It Is Signed And Witnessed. If the state’s requirements are met for this will, your parent signed it, and there are signatures of two witnesses, the will is legally binding. If something is missing from this list, there could be validity questions. A will contest law firm in King of Prussia, PA can offer more detailed guidance on your case.
If the Person Signing was Under the Influence. A will could be contested if the testator was influenced by a caretaker or other person at the time of signing.
Will Fraud. If the will was signed by your parent because of fraud (someone could have given them a piece of paper saying it was a bank document or healthcare paper when it was actually a will), then it is not legally binding.
Will Contest Lawyer King of Prussia, PA
Clearly, there are a few ways that a will can be contested. If you are going through a legal battle regarding the contestation of your parent’s will, having an attorney on your side from Klenk Law can help make this process smoother.
For any further questions or to get in touch with us, call (215) 790-1095 now. It’s best to consult with a will contest lawyer King of Prussia, PA to get your questions answered and have your case evaluated.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
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.
I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.
We recently used Peter's firm to update our wills and trusts. We found he and his staff to be well-informed, professional and highly efficient. And equally valuable, Peter explains the law in terms that a layperson can readily understand.
Excellent, knowledgeable team handled a complicated issue with superb results.