Smithtown probate attorneys offer help during the probate process. We can provide assistance to the executor of an estate and to heirs or beneficiaries in making sure that the process goes as smoothly and as quickly as possible so assets can transfer seamlessly to new owners.
Our legal team can also help if a problem arises during the probate process. One of the most common issues that comes up, for example, is that an interested party- like a family member and potential heir- thinks that the last will and testament which is being presented to the court to be probated is not actually an accurate reflection of the wishes of the deceased.
When you have a belief that a will is not valid, you can contest a will. However, making the choice to contest a will is a big deal and the decision is not one you should take lightly, especially if the will contains a no contest clause and you could be putting your inheritance in jeopardy. You should consult with Smithtown probate attorneys to ensure that you have a valid reason for contesting a will and to get help crafting strong arguments for why the will is not a valid one if you have decided that contesting a will is the right course of action. Mark S. Eghrari & Associates PLLC is here to help.
Our legal team can review the specifics of your situation and provide you with personalized insight into whether contesting a will makes sense for you. We can also explain some of the top arguments made by people who go to court to argue a will is not valid. For example, here are five key reasons for wills to be contested.
The Will Was Made Under Duress
Unless the deceased acted under his or her own volition and made the last will and testament voluntarily, it should not be enforced. Sometimes, a caregiver or a new spouse will essentially coerce a person into changing a will by being aggressive in influencing the will creator or even by threatening the will creator. When this happens, it is important for family members who care about the deceased person’s legacy to fight for the will not to be probated.
The Will Was Made Due to Fraud
If a person was tricked into making a will, that will should also not be considered enforceable. Those who believe that a will creator was induced by fraud into creating the last will and testament will need to be prepared to prove what fraud occurred and how it affected the creation of a will.
The Will Was Made When the Creator was of Unsound Mind
A will is valid only if its creator is of sound mind and understands the decisions he is making. If a person is mentally ill or suffering from a condition like dementia that causes any kind of mental impairment, a will that person creates cannot be considered legally valid.
The Will Does not Follow the Proper Legal Formalities
If a will does not follow proper legal formalities, then it may not be enforceable. Wills typically must be written and witnessed, for example, in order to ensure that the will is created voluntarily by the deceased.
The Will Wasn’t Made by the Deceased, or Isn’t the Deceased’s Most Recent Will
Because most wills are signed and witnessed, there is no question over who created them. However, if a holographic or handwritten will is presented to be probated, you could challenge whether it was actually created by the deceased. You could also argue that a will being submitted to be probated is not the most up-to-date and accurate will.
Getting Help from Smithtown Probate Attorneys
Smithtown probate attorneys at Mark S. Eghrari & Associates PLLC are here to provide the help you need if you believe you have a valid reason to contest a will. You do not want the assets your loved one worked hard to acquire to go to the wrong heirs or beneficiaries just because there is a will being presented which is not an accurate reflection of the wishes of the deceased. You want to do everything you can to contest a will you think is not valid, and our legal team will be there to help you every step of the way.
To find out more about how to contest a will or about the requirements for making a valid will, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online to get personalized help contesting a will. Do not wait to reach out to our legal team as you need to begin crafting strong arguments right away.
Latest posts by Mark S. Eghrari, Estate Planning Attorney (see all)
- Three Questions to Help You Determine if Your Assets are at Risk - October 19, 2017
- Long Island Elder Law Attorney Details 6 Reasons to Revise Your Estate Plan as Soon as Possible - October 18, 2017
- Why Do People Procrastinate About Estate Planning? - October 17, 2017