Often times, people avoid talking about death, however, it’s an important subject to discuss. Although we all hope to live long and healthy lives, you never know when someone you love might go. In the case that it’s a close family member or spouse, it can be complex as they may leave valuable things behind. It get’s even more challenging when they write a will that you don’t agree with and you’re left with no choice but to take it to court. In case you’re reading this because you’re currently having an estate battle, this article is going to give you a few suggestions regarding how to contest a deceased family member’s estate.
See if You Have a Good Standing
Before going into a legal battle, it’s imperative that you determine whether you have a case or not, to begin with. This means that you’ll need to ask a series of questions with the primary one being whether or not you’re eligible to contest a will. Typically, some people who can contest a will include blood relations, a spouse, creditors, whom the estate owes money, a person named as a beneficiary in an old will, someone who depended on the deceased financially, as well as a bank or charity. There are also some circumstances in which you can invalidate a will such as if the will is a do-it-yourself will, if the testator discussed an inheritance with you previously, the testator was isolated from family and friends by the primary beneficiary of the will, or if their capacity is questioned.
Find an Expert Solicitor
Once you have determined whether you are eligible as well as have grounds to contest, the next step would be to find an expert solicitor. When contesting a deceased family member’s estate, it is also important that you get the right solicitor to help you contest. Ideally, you should find solicitors or a firm that is experienced in contesting wills such as The Inheritance Experts. You can consider asking family, friends or colleagues for references of good and reputable solicitors as well. They should be able to help you build a case as well as increase your chances of winning the case.
Determine Whether it’s too Late
When contesting an estate of a family member that has passed away, it is key that you do it in a timely manner. There are certain factors that will determine whether you’re still able to contest a will which includes state laws where the deceased lived at the time of their death. A limited time to file a will contest is given so that expenses and transference of estate to beneficiaries can be completed as quickly as possible. On that note, try not to wait too long as you may find it’s too late.
Contesting a deceased family member’s will can be emotionally draining as well as time-consuming. However, if you feel that an estate or any other asset at that hasn’t been rightfully given, then it may be worth contesting. By doing your research and contacting the right professionals early enough, you stand a chance at getting what’s rightfully yours.
