How Do I Dispute Being Cut Out of My Parent's Will?
Full Question:
Answer:
It is possible for an heir to claim the will was invalid due to lack of mental competency of the deceased spouse, undue influence, or that the agreement was not executed in accordance with state law. A non-contestability clause is a will provision, under which anyone who challenges the will will be disinherited. In some cases, a signing of a will is videotaped and questions are asked of the testator to prove competency at the time of signing.
Will contests challenge the admissibility of wills in probate courts. It is a kind of litigation that questions whether a will should be properly admitted by the court as evidence of a decedent's wishes regarding the distribution of his estate, appointment of guardians for minor children, or other issues dealing with the decedent's estate. One may not contest the validity of a will merely because that person does not like the will's provisions. A will's validity is not determined by one's sense of "fairness" of the will's contents. Nor is a will's validity determined by how reasonable the will's provisions appear nor on the timing of disbursements. A will is most likely to be challenged by someone claiming that the will was not properly written, signed or witnessed, or did not meet the state's formal requirements; the decedent lacked mental capacity at the time the will was executed; the decedent was a victim of fraud, force, or undue influence; or the will is a forgery. If a will contest is successful, the entire document may be thrown out. Alternatively, the probate court may reject only the part of the will that was challenged. If the entire will is disallowed, the court will distribute the decedent's property as if the person died without a will. If possible, the court may use a previous will, but such action will depend on state law and the facts and circumstances of the case. Will contests are not uncommon, but few people actually win one. They can be very expensive and create lengthy delays in the distribution of an estate's assets. A person must have legal "standing" to object to a will. What constitutes standing is determined by state law, but generally it means someone who either is a party mentioned in a will or perhaps should have been a party to the will based on a legal relationship to the decedent. We suggest you contact a local estate attorney who can review all the facts and documents involved.
