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4 Situations When a Will May Need to Be Contested

You may be surprised to find that anyone can contest a will and file a petition for probate. If you have any indication that a will may be invalid, you must fight for what you deserve. Work with a lawyer to navigate the complex process of probate in the most efficient way.


Reasons for Contesting a Will


Upon a person’s death, every will goes through the probate process to ensure all of the instructions are valid and the beneficiaries are still alive and available to receive funds and assets. As a result, probate may reveal multiple situations where a will may not make sense anymore, especially if it has not been updated in several years and does not include a new grandchild or a new spouse.


Here are some reasons why you may file a petition for probate:


· Fraud: If you suspect a will was changed without the deceased’s knowledge, then you can work toward finding proof that everything is documented according to your family member’s wishes.

· Blatant Mistakes: Perhaps a grandchild is left out of the will for no apparent reason. This simple mistake can be corrected through the probate process.

· Undue Influence: If a caretaker or a romantic partner were to get close with your aging loved one in the final stages of life, you might open up the investigation of undue influence. What was the person’s intent, and did they use coercion to have the will changed?

· Duress: If your loved one was not in a sound state of mind in the final stages of life or someone used pressure to have them change their will, duress may be something to discuss.


These are only a few of the reasons why it might make sense to contest a will. The process can be lengthy and is up to you to pay the legal fees that go with probate. But in the end, it is worth it to fight for what the deceased would have wanted.


Are you ready to contest a will? Then, get the help of Miles & Hatcher, LLP, to maximize your chance of proving the invalidity of a will. Our team is ready to answer any questions you might have and get started on your petition for probate. So make an appointment today by calling (909) 481-4080.

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