You can contest a will, but it can be expensive and time-consuming. And the chances of success are slim.
An article on AARP.com tells the story of a man whose mother died and left her entire $600,000 estate to his sister. He and his daughter were left out entirely, even though his mother had doted on the daughter most of her life.
The man wanted to contest the will, but the story points out the challenges involved.
Legal grounds must be there. These include:
- Undue influence. The person must have been pressured to change his or her will.
- Fraud. The will’s author had to have been tricked into signing the will.
- Improper execution. If the will was not prepared or executed under the laws of the state in which it was prepared.
- Lack of capacity. The will could be deemed invalid if the person was not mentally capable of understanding the issues involved.
The story also says that contesting a will could be expensive and says it might not be worth it, depending on how much there is to gain.
And it could also prove costly to your emotional health, it says. The court fight could permanently change your relationship with the person or persons with whom you are fighting.
In the end, the man in the story decided to let it go.
If you have questions about a will or any other estate planning matter, feel free to contact us for a consultation at (626) 696-3145.
