How does a probate lawyer help in contesting a will?

Share This Post

How does a probate lawyer help in contesting a will?

No one likes to be out of their ancestors’ will. However, sometimes the person’s name is nowhere in the choice. Therefore, in those situations, there is a requirement to take legal action. To invalidate a will’s provisions, you must demonstrate coercion, reduced mental capacity, or open fraud. 

The will depends on the owner of the property (deceased one). However, if you think the choice has changed, you can perhaps determine how and why. Ask the executor for the most recent will, any earlier versions, and a list of assets. 

Role of the Probate Lawyer/Executor

A good executor is clever enough to note any significant changes by comparing copies of the will. So it’s a possibility of someone doing non-legitimate activities to remove you from the choice. The court will always inform you about the deadlines. Rules and deadlines vary between states. You might want to get the aid of a lawyer to help you obtain the copy and submit the contest as soon as possible. 

In essence, the testator can divide the inheritance any way they like. You must have a good reason to challenge the will. These are relatively simple. You must credibly demonstrate the testator was under duress when the present will was signed, they were coerced into revising it, or the will did not comply with statutory requirements and is therefore invalid. 

Your attorney will be able to determine if this makes the challenge contestable on these grounds. Even if you lack justification, you might be able to assert a claim against the estate. An illustration would be if you performed uncompensated labor for the testator and were able to deduct the expenditures. Once more, you would have to weigh the claim’s value against its associated expenses. 

File a Contest

Your attorney submits a contest to the will if you have caused it. This legal action seeks to enforce a prior will that names you as a beneficiary while nullifying the current choice. You will also have to bear the burden of proof, so get ready for a tough battle. 

“Intestate” are those deceased people who have not left behind a valid will. In that case, probate law decides the rightful owner. For instance, a surviving spouse may be entitled to all or a portion of their deceased spouse’s assets, depending on their state’s intestate rules. These rules can change a lot.


It’s crucial to remember that there is a requirement for both the estate administrator and the probate attorney to distribute assets by state intestacy regulations. This is because state law governs the division of estate assets, regardless of what the deceased individual said while still living or how much money some family members require. 

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers