Forget about the movies you watch where contesting a will seems like a piece of cake. Contesting a will is harder than you think. A court wouldn’t just invalidate a will simply because you don’t like the terms of the will or because you feel your name was omitted or due to some flimsy reason. First off, you will have to be qualified to contest the will, and you will need to do so on some grounds.
In this article, I’ll reveal how a will is contested in the Bronx.
What is a Will Contest?
A will contest is the act of trying to invalidate the will of a deceased individual. Contesting a will can be very challenging; thus, you are advised to seek help from an experienced probate attorney.
Who can Contest a Will?
Any interested individual may contest a will. This individual could be the heir of the deceased, his or her devisee, child, spouse, creditor, beneficiary, or other individual having any property right in or claim against the deceased’s estate that could be affected by the probate process.
The estate executor is an individual chosen in the will to supervise the probate of the will. Mind you, a named executor who wouldn’t inherit any of the deceased’s assets doesn’t have a standing to bring a will contest.
Worthy to note is that as soon as a will is admitted to probate by the court, while it may still be contested, it is more challenging, and the standing to contest it is further limited. The contestant often prefers to contest the will before it is admitted to probate. On the other hand, if you are defending a will, it is best to admit the will to probate ASAP to reduce the chances of the contestants.
Grounds for Contesting a Will In the Bronx
As I said earlier, you cannot contest a will because you dislike its terms. There are four legal reasons for a will contest in most states, and it can be challenging to prove any of them. This means that you are definitely going to spend a lot of money in court and attorney fees. However, if one of these reasons for a contest is present, a last will and testament can be deemed invalid.
- The will wasn’t signed according to the applicable state laws
- The testator didn’t have the testamentary capacity to sign the will.
- The testator signed the will under the influence.
- The will was acquired by fraud.
You can contest a will if one or more of the following reasons are present. However, ensure you contact a probate attorney for help.
Contesting a Will in Bronx City, NY.
Suppose you have adequate reason to believe that there was some misconduct involved with the will execution itself or the circumstances leading up to the signing. In that case, the first thing to do is contact a competent attorney.
An attorney specializing in estate planning and probate law will tell you if there is a standing to make a challenge and whether legitimate grounds are available for a contest.
When starting a will challenge in Bronx City, you must understand that although one or all grounds may seem to be present, there might be strong conflicting evidence that says the opposite. The executor may table medical records that show that the decedent was found in good health by his doctor, including writings like emails showing that the will admitted for probate is indeed according to the decedent’s wishes.
If the last will and testament of the decedent is turned down and deemed invalid, the whole estate will be inherited by the heirs of the deceased pursuant to New York’s intestacy law. There also exists the case in which a judge will rule only if specific provisions are invalid while leaving others to remain.
Contact our office if you have questions regarding contesting a will in the Bronx or needing a probate attorney. Our probate attorneys are experienced and versed in matters regarding probate and can help ensure you are successful in your will contest.
