Will Contests

When You Need a Will Contest Law Firm Philadelphia Trusts

If a person needs to contest a will or defend a will from a challenger, they may need a will-contest lawyer. Unfortunately, it’s prevalent for severe disagreements to develop after someone’s death in anticipation of distributing the deceased’s assets. These disagreements are frequent when more than one person considers the assets to be of particular value. The value can be either financial or sentimental. 

We Focus on Will Contests; It’s All We Do!

At Klenk Law, our Philadelphia, PA, lawyers have seen every variation of this scenario. We have also helped many clients find the peace of mind they sought at the beginning of the conflict. If you want to know more about how a will contest lawyer from our firm may assist you, call us and request a free consultation.

When a Family Member Contests a Will

All too often, when someone passes away, they leave behind grieving family members. Grief can quickly turn to anger when one or more loved ones discover they will not inherit what they believe themselves entitled. Or they may disagree with the instructions in the Will for the deceased’s final wishes, such as his last resting place. Though the circumstances of the family disagreement can vary widely, the commonality is that one or more family members wish to contest the Will.

Family Disputes Can Cause Will Contests

Disputes among family members can be particularly emotional and fraught with anger. A lawyer from a Philadelphia, PA, will contest law firm can help defuse this situation by providing objective, legal advice for their client. If you wish to hire a lawyer, our will-contest law firm can provide the guidance you need to make informed decisions. Understanding your legal options is a sound strategy. Learned counsel helps resolve issues involving a will and potential inheritances.

Common Reasons for Contesting a Will

A Will contest can result from any number of reasons. Some of the most common include the following:

• The deceased was not of sound mind when they wrote their Will.
• The submitted Will is not valid. For example, they may claim that this will is a forgery.
• The submitted Will is not the final Will. For instance, they may claim there is an undiscovered will. In the alternative, the final Will might have been stolen or hidden.
• Someone coerced the deceased into writing this particular Will or an aspect of it. Perhaps someone pressured or blackmailed them into bequeathing certain assets to someone undeserving. Or, maybe they were tricked into writing the Will this way.

When Someone Else Contests the Will

If someone else claims the Will is invalid for one reason or another, their actions could significantly affect you and others. If they have chosen to hire a lawyer from a Philadelphia, PA will contest law firm; the other side may try to intimidate you. It would be best if you had someone on your team.

Is a Will Contest Worth It?

Some people are hesitant to pursue a will contest for various reasons, from the cost to the amount of time this process can take. Others look at the studies that show only around one percent of contests ultimately succeed at trial. Despite these factors, it is important to understand that if you have grounds to challenge a will, your efforts have a good chance of success.

The good news is that you don’t have to weigh your options on your own. When you rely on a Philadelphia will contests attorney, they can help you understand the strength of your case. If there is clear evidence that your loved one was a victim of fraud or faced undue influence when writing their will, the outcome of your contest could be successful.

Potential Outcomes of a Will Contest

When someone challenges a will, the court must review the evidence and determine whether the document is legally valid. The outcome of a will contest depends on the facts of the case, the strength of the evidence, and the legal issues involved.

The Will Is Upheld

In many cases, the court determines that the will was properly executed and reflects the true intentions of the testator. If the challenger cannot prove claims such as undue influence, fraud, or lack of capacity, the court will allow the will to stand. The estate administration then proceeds according to the terms of the document.

The Will Is Invalidated

If the court finds that the will was created under improper circumstances—such as undue influence or fraud—it may declare the will invalid. When that happens, the court may rely on a prior valid will if one exists. If there is no earlier will, the estate will be distributed under Pennsylvania’s intestacy laws.

Settlement Between the Parties

Many will contests end before reaching trial. Family members may negotiate a settlement that resolves the dispute and avoids further litigation. In these situations, the parties agree on how the estate will be distributed, and the court approves the agreement.

How Long Can a Will Contest Take?

The timeline for a will contest can vary widely depending on the complexity of the estate and the nature of the dispute. Some cases resolve in a matter of months, while others take a year or longer to reach a final resolution.

Several factors influence how long the process takes. If the parties exchange large volumes of financial records, medical documents, or witness testimony, the discovery phase can take significant time. Scheduling depositions and court hearings can also add delays.

Contested cases that proceed to trial typically take longer because the court must review evidence, hear witness testimony, and evaluate legal arguments. In contrast, disputes that settle early often conclude much faster.
Although the timeline varies, what matters is that you have the support of strong legal counsel by your side. Let a Philadelphia will contest attorney serve as your advocate throughout this process.

In Conclusion

You must understand your legal rights and, from the perspective of someone with your best interests in mind — your own will contest law firm in Philadelphia, PA clients recommend. Call Klenk Law today to schedule a free consultation with a will lawyer. Our will contest lawyers can provide you with the guidance you need.

Preventing a Post-Divorce Will Contest

After navigating the divorce process’s ups and downs, one of the last things you are likely eager to do is dive into more legal paperwork. However, there is one task that cannot wait. It is time to update your estate plan with the help of a Philadelphia, PA will, contest law firm. Failure to make your updated wishes known in legally binding ways can lead to potentially devastating consequences.

Unless you want your former spouse making medical decisions on your behalf, if you are incapacitated or want all of your property to pass into your former spouse’s possession, it is time to dig into updating your estate plan. Thankfully, your Philadelphia, PA, will contest law firm can handle most of the heavy lifting. But it is up to you to speak with your attorney about updating your beneficiaries, power of attorney, etc., so they can draft the necessary changes.

Property: Wills and Trusts

In the wake of your divorce, it is essential to clarify your wishes. Even if you ultimately gift your former spouse assets, updating is essential. Further, even if you wish to leave your overall plan unchanged, if you do not clarify your wishes, your children or other loved ones could argue that you never meant for your property to pass to your former spouse. Failure to clarify your intent can lead to unnecessary litigation. A judge may overturn your wishes as written. For example, double-check that the executor named in your Will is still the person you would like to serve. Make sure that, at a minimum, your chosen executor is aware that you have updated your wishes as outlined in your estate plan.

Unless you explicitly change your Will and any trusts you have set up, your documents likely name your spouse beneficiary. Similarly, suppose you have designated former step-children as beneficiaries in your estate plan,, and you no longer wish for them to receive these gifts. In that case, have your Philadelphia, PA Will, contest law firm remove them.  Furthermore, a review of your designated beneficiaries is critical. If you have not made similar changes to any life insurance policies, 401ks, annuities, or any other legally binding documents naming beneficiaries, now is the time to do so.

Power of Attorney and Health Care Directives

Did you grant your former spouse financial or medical power of attorney? Does she have the legal authority to make medical decisions on your behalf? If you no longer want them to have these powers, please instruct your Philadelphia, PA will, contest law firm to update your estate plan accordingly. None of us know how much time we have. As a result, it is vitally important to make these changes now. Failure to do so could lead to your former spouse making decisions on your behalf that could mean the difference between life and death.

Legal Assistance Is Available

Divorce can leave you sick of legal formalities. That is entirely understandable. However, you must speak with a Philadelphia will contest attorney at Klenk Law about updating your wishes. Failure to do so could lead to a host of undesirable consequences. Make sure your heirs respect your wishes.