Attorney
The assurance that comes with a will detailing a loved one’s final wishes is, unfortunately, sometimes met with uncertainty, especially when doubts about its validity surface after probate. Can a will be contested once the probate process is complete? This is a concern for many, stirring doubts and seeking clarity on whether the law offers a path to challenge decisions that don’t seem right. Here, we examine the possibilities and legal grounds for contesting a will after probate.
What Is Probate?
Probate is a legal process that takes place after someone passes away, involving the authentication of their last will and testament. During this process, a court oversees the distribution of the deceased’s assets to beneficiaries and the payment of any debts. The executor, named in the will, is responsible for carrying out these duties under court supervision. Probate enables the legal transfer of ownership of the deceased’s property and ensures that the will’s instructions are followed accurately. In the absence of a will, probate laws determine how assets are distributed according to state guidelines. This ensures that the estate settlement is transparent, lawful, and aligns with the deceased’s wishes or state law if no will is present.
Grounds for Contesting a Will
- Lack of Capacity: A will can be contested if the person who made it (the testator) did not have the mental capacity to understand the extent of their assets, the natural beneficiaries, or the legal effects of signing a will.
- Undue Influence: This ground is claimed when the testator was pressured or coerced into making the will in a way that does not reflect their true intentions, often benefiting the influencer disproportionately.
- Fraud or Forgery: Contesting a will on these grounds involves proving that the will was tampered with or the testator was tricked into signing it, believing it to be a different document.
- Improper Execution: A will may be invalid if it fails to comply with state laws regarding how it should be signed, witnessed, or notarized. Each state has specific requirements for a will to be legally binding.
- Revocation: A will can be contested if there is evidence that the testator revoked it, either by physically destroying it or by creating a newer will that cancels the previous one.
The Window for Contesting a Will
The window for contesting a will is tightly regulated by state laws, and it varies between jurisdictions. Generally, interested parties have a limited period after the will has been filed with the probate court to raise objections. In Virginia and Maryland, this period can be as short as a few months from the date of notification or the probate hearing. Once this window closes, contesting the will becomes significantly more challenging, requiring compelling evidence to reopen the case. This stringent timeline underscores the importance of acting promptly if there are concerns about a will’s validity. Missing this critical window can mean losing the opportunity to contest the will entirely, making it crucial for potential challengers to be aware of and adhere to these deadlines.
How to Contest a Will After Probate
Contesting a will after probate is a complex legal challenge. It requires filing a petition with the court to reopen the estate, a step that necessitates compelling evidence to justify such an action. This evidence might include new revelations about the deceased’s intent, proof of fraud, or discovering a more recent will. The petitioner must clearly demonstrate to the court that significant errors occurred during the probate process or that crucial information was overlooked. Given the uphill battle in these cases, securing experienced legal representation is vital. An attorney can navigate the legal proceedings, ensuring that the petitioner’s case is presented effectively and increasing the chances of a favorable outcome.
Contact an Experienced Virginia and Maryland Will Contest Attorney
Randall J. Borden brings a wealth of experience in estate litigation, offering personalized guidance and robust representation for those contesting wills. With a deep understanding of Virginia and Maryland’s legal landscapes, we’re ready to advocate fiercely on your behalf. Reach out today to explore how we can support your case and protect your interests.