Probate: Contesting the Will

During probate, the will of the deceased individual is going to be used to divide up the assets of the estate. If one of the beneficiaries believes that something is wrong with the will, they can potentially contest it. There are a few different reasons that you can contest a will.

Reasons to Contest

If you believe that the will was created fraudulently, this would be a legitimate reason to contest it. If the will was not signed properly, according to the state laws in which the deceased resided in, then you can contest it as well. 

Another reason that you might consider contesting the will is if the deceased individual was coerced into creating it by one of the beneficiaries. It can also be contested if it can be proven that the individual was not of sound mind when they wrote it.

Successful Challenge

When you take these reasons to the court, the judge will decide whether the will is valid or not. If they decide that the will is not valid, it will be as if there was never a will in the first place. At that point, the court will divide the assets as if this individual did not have a will.

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