| Will contests are typically brought on by family | | | | an inventory of the deceased person's estate. The |
| members from wealthy families who believe they | | | | third goal of probate court is to appraise the estate. |
| were cheated out of their share of the inheritance of | | | | The fourth goal is to get the deceased's remaining |
| the assets involved. A legal battle may also erupt | | | | debts and taxes paid. The final goal is to distribute the |
| though when a family member believes the will was | | | | deceased's property to the rightful owners. If the will is |
| fraudulent or done under bad circumstances. For | | | | successfully contested and becomes void, or if there is |
| example, they may have had Alzheimer's and were | | | | no will at all, the deceased person's kin would get the |
| not in sound mind at the time the will was created. | | | | estate distributed to them. In some state's kin include a |
| To be specific, a will contest is a legal proceeding that | | | | surviving spouse. |
| challenges the validity of a will or its wording. To | | | | The best way to avoid will contests is with careful |
| contest a will you need to make a case for one of the | | | | planning and good drafting by the will maker. A good |
| following in probate court; was the will maker mentally | | | | will maker will try to avoid using divisive measures such |
| competent at the time they drafted or signed the will? | | | | as disinheriting family members, or anything else that |
| Was the will maker pressured by someone to agree | | | | will cause conflicts or invite challenges. A good will |
| to the terms of the will? Does the will maker have | | | | maker will also never put assets they already pass |
| another will or trust that would trump this one? Was | | | | using other means, such as trust funds, in the will. |
| the will properly witnessed or signed? Was the will | | | | Another way to prevent will contests is by having a |
| maker tricked or fraudulently exploited? Did an outside | | | | 'no contest clause'. This clause gives a gift, such as a |
| party change the will? If you can answer yes to any | | | | certain amount of money, to some one and by |
| of these questions then you have a legitimate reason | | | | accepting that gift they agree not to contest the will. |
| to contest a will in probate court. | | | | Disclaimer: This article has been written for information |
| Probate court is a sanctioned legal process that tries | | | | and interest purposes only. The information contained |
| to distribute the estate of those who've died. The | | | | within this article is the opinion of the author only, and |
| probate process has several goals you should expect. | | | | should not be construed as legal advice or used to |
| One goal is to verify the validity of the deceased | | | | make legal decisions. Consult an attorney in your area |
| person's will. The second goal is to identity and create | | | | if you're seeking legal advice. |