Individuals are now more than ever before, becoming aware of the importance of estate planning, writing a will and a trust fund in order to protect their assets and maintain financial stability. Without a proper understanding of what a will and trust entail, the will contest calls for long, extensive and poor standards of an enforceable legal plan. Disputes like a will contest could save thousands on legal fees if the right attorney assists in the estate planning process prior to litigation.
Will Contest Explained
Inheritance is very powerful, especially under a probate court hearing. This is why a will contest may be challenged once the document has been admitted. An execution and validity of a will filtrate due to fraud or the competence to make a will due to mental capacity. The contestant can then proceed to file a plea under probate court where the summons is further issued. The contestant is often left out of a will which will explain why they choose to proceed with a court hearing. The executor of a will also apply. Since family members take a loved one’s final wishes from the will very seriously, a will contest is at high stake leading to burdens if proven invalid.
Who is eligible to contest a will? A person in “standing”, one who heirs at law and designated beneficiaries is eligible to contest a will. Meaning anyone mentioned in the will. This can include children, surviving spouses, relatives and even friends.
It is important for all wills to be written, signed and witnessed properly. Nonetheless, writing a living will consist of four things. Estate planning/taxes (total value of assets) is usually in the living will. Inheritance tax law (beneficiaries calculated separately) are included as well as the beneficiaries. An executor (a personal representative is present in the case there is no will) is also commonly included.
Guided Estate and Will Practice
At Mestayer Law Firm, PLLC, our attorneys work hard to diligently execute wills and help clients start the estate process. Our certified and professional services allow us to obtain an additional degree in taxation law as well as guide clients. We look and evaluate to see if we can reduce estate taxes. We want to help you understand probate litigation and the last testament as well as how to avoid it.