In some cases, after the death of a loved one, it may become necessary for a family member to challenge the validity of the estate planning documents the deceased left behind. When this is the case, there are typically many questions that arise. This is when the estate lawyers at MacVean, Lewis, Sherwin & McDermott, P.C in Middletown, NY, step in. Below, they address some of the most common questions concerning estate disputes.

Middletown Lawyers Answer FAQ About Estate Disputes

What Are the Grounds to Contest a Will?

There are several grounds that may be used to contest a will. This includes alleging the decedent didn’t have the right mental capacity to execute their will, the will was executed under undue influence, the will was a result of fraud or forgery, or the will wasn’t executed in compliance with state laws. If any of these situations can be proven, the court will likely invalidate the contents of the document.

What Is Involved in Challenging a Will?

If a family member suspects a will is invalid for any of these reasons, they may open a claim to challenge it under the Inheritance (Provision for Family and Dependents) Act 1975. Claims typically begin with correspondences between each party’s estate lawyers and continue with gathering evidence to support the grounds for the contest. The exact steps involved in challenging a will are generally determined by the resolution being sought.

Is It Necessary to Go to Court?

It’s common for most estate disputes to go through an alternative dispute resolution session, such as mediation, before being sent to court. Most cases are settled prior to entering litigation, but in the event the parties can’t reach an agreement, a claim form must be submitted with the court and the case will be brought in front of a judge.

How Long Do Parties Have to Dispute a Will?

In general, individuals are given six months from the Grant of Probate to begin disputing a will. These claims can take a long time to resolve, making it important to consult an estate lawyer as soon as you believe you have reason to file a dispute.

When you want to dispute a will, it’s crucial to rely on the guidance of an estate lawyer. To that end, the legal team at MacVean, Lewis, Sherwin & McDermott, P.C. will help you accomplish your goal. They understand the ins and outs of the probate process and estate administration, and they will offer effective representation. Give them a call at (845) 343-3000 to schedule an initial consultation, and visit their website for more information on their services.