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  • March 2, 2016
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How to Challenge a Will

How To Challenge a WillWhen you have had a loved one pass away, you may be wondering if you were listed in their will. If you feel that their will was created with some suspicious circumstances, then you may want to challenge it. There are a few ways in which you can challenge a will, but it is highly fact dependent. If you have an issue with any estate document, it is recommended that you meet with an experienced attorney to get legal advice. This blog should not be interpreted as legal advice, but merely information related to wills in general. If you would like to speak with an attorney about your particular situation, contact our office.

Was the Will Valid?

Before challenging a will, you will want to determine whether the will was valid. Some very specific will requirements vary from state to state. The will must be signed by the testator (the person creating the will) and two witnesses. The testator must have the capacity to make legal decisions at the time the will is signed. The general test for capacity includes the following questions:

  • Did the testator understand the value of their assets?
  • Did the testator understand who should inherit the assets?
  • Did the testator understand the legal consequences of signing the will?

If there is a question regarding any of these issues, the testator may be found not to have had the capacity to sign the will, making it invalid.

Was Undue Influence Present?

When people age, they may become more gullible and susceptible to those trying to influence them. If the will was changed suddenly so that someone (like an unrelated caretaker) benefits unexpectedly, you might be able to make a challenge that there was an undue influence at play.

The only way to challenge a will is with the help of an experienced and knowledgeable attorney. Contact Lucé Evans Law online today for more information or call (972) 632-1300 today.

Request a Free Legal Consultation

Need legal help? Lucé Evans Law is here to answer your legal questions. Simply complete this form and a member of our legal team will be in touch right away.

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    B & T's Daughter Says…

    How to Challenge a Will
    Wednesday, December 26, 2018
    ★★★★★
    “ My parents recently worked with Lucé Evans Law, and I was impressed by the level of involvement they had in the case. They communicated in a timely manner, always kept them updated, and they were helpful with including me in the process too as I supported my parents. This was our first time dealing with anything that could go to court, and Lucé Evans Law helped educate us on what we needed to do and provide to ensure the best outcome. It was a long shot that we would be able to get anything through this process, but Lucé Evans Law came through and helped get us a settlement that did help us. I'm grateful that they took our case and that they treated my family with such dignity and respect. I would highly recommend working with them.”
    – B & T's Daughter

    Shannon Says…

    How to Challenge a Will
    Tuesday, October 30, 2012
    ★★★★★
    “ You most certainly bring a whole new, refreshing, pleasant impact to the legal community and it was a joy. I am honored to say that I am represented by a firm/family (that you obviously are) of such stellar integrity and authentic, personalized attention.”
    – Shannon

    Laura Says…

    How to Challenge a Will
    Tuesday, October 1, 2013
    ★★★★★
    “ Joe, You have made me smile a little bit bigger on the job with the kindness you have shown.  Some days can be a challenge as I am sure you deal with, but you certainly put your light in the darkness. I appreciate you and your professionalism and insight. I pray Blessings on you and your family and look forward to being able to work together on settling another case!”
    – Laura
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