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In an effort to ensure their wishes are met and avoid disputes among family members a person may include what is called a no contest clause in a will or living trust document. The no contest clause is a legal specification that is designed to keep people from contesting the terms and statements of the will.
→ Read MoreThe relevant question concerning the validity of wills is whether the person was competent at the time the will was made and executed (signed before witnesses). If the person was competent at that time, there is a valid will.
→ Read MoreStatutes of limitations for contesting wills, or time limits for a will contest, depend on when the will was admitted to probate rather than on the date of the individuals death. There are other time limits that apply along the way throughout the process.
→ Read MoreCan I disinherit my spouse?
→ Read MoreIn a settlement, instead of getting nothing and having to pay his or her own legal bills, your brother would get something, which would deplete the size of the estate that would otherwise go to the other heirs.
→ Read MoreAnyone making a legal document, such as a will, must be of sound mind when that document is signed.
→ Read MoreExpert advice on how to handle a will contest. If someone files an objection to the will in probate court or produces another will, then what is known as a will contest will begin. While few people ever actually win a will contest, these contests can be extraordinarily costly and create incredible delays.
→ Read MoreA will contest occurs when someone challenges a will and asks that it be thrown out as invalid. Although they are relatively rare, will contests do occur. They can only be brought by a person with standing – that means something to gain, such as inheriting a larger share of the deceased’s estate, or greater voice in managing the estate, if the will is found to be invalid and thus will not be admitted to probate.
→ Read MoreFind the right lawyer for your legal issue.
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