The loss of a loved one is an emotional time, but you should make sure that you’re not letting your emotions run every aspect of your life. Instead, take the time to think carefully about things like how to handle the final wishes of the decedent. One thing that must be done is taking care of the person’s estate plan.
When a person passes away with an estate plan in place, those who are left behind can review that plan to know what must be done. Most of these cases go through the probate process without any issues but there are times when the contents of the will don’t match what a person was told was included in this part of the estate plan. This situation could lead to a will contest.
If you’re considering contesting your loved one’s will, make sure that you think about these points before you file the challenge:
- A will challenge might cause a divide in the family. This doesn’t mean that you shouldn’t do it. Instead, prepare yourself for what might come.
- Contesting the will can draw the probate process out. It might lead to more expenses for the estate, which can reduce what each person will walk away with.
- Many will challenges don’t go to trial. It’s often possible to settle these cases, so be prepared just in case this is how your case is resolved.
These cases are very complex, so be sure you work with an attorney who is prepared to fight for your rights. Discuss all the options that are possible before you file any challenge so you can determine exactly how to proceed.