How to contest probate and get your fair share of inheritance
Losing a relative is an experience that is sad and difficult enough on its own. Things get a bit more complicated when they pass away without leaving a last will and testament, naming heirs to their fortune. It can cause a lot of disagreements between family members that can get really nasty, really quickly.
In the case of one of your relatives claiming to be the sole heir of a family member or a will written by a person with deteriorating mental health, you may need to try and contest the probate claims made by your dishonest relatives. It may turn into a tough legal battle, and you might end up needing all the professional help you can get. This article is a good starting point in your preparations to contest your relatives’ probate in order to get your fair share of the inheritance.
What is Probate?
The probate process is a legal procedure where the property of a deceased person is passed on to his beneficiaries. It is usually held by a court-appointed executor who makes sure that the will of the deceased person is followed to the letter. To do this, they need to collect all the assets of the deceased and make sure all the debts are paid before dividing the remaining assets among their beneficiaries.
Probate can be very time-consuming and is often expensive. It can also be extremely difficult if there are disagreements among relatives. You can click here to find more information and get professional advice.
If there is no last will and testament or if there are heirs contesting the will after it has been probated, the estate becomes intestate. In this case, it goes directly to the state and is distributed according to government policies.
How to contest probate
Once the probate has been granted by the courts, you have only six months to file a petition to contest it. If you wait longer than that, you lose your right to contest the probate and even contesting it later may be a lot more difficult to do. You should hire a good probate lawyer as soon as possible if you decide to contest your relative’s probate. Here are some things you should keep in mind when trying to contest probate:
Identify issues with the probate
The first step is to identify any issues with the probate documents. Here are some things you should look for:
- The deceased person was not mentally competent at the time of their death.
- The will was not properly signed, witnessed, or notarized.
- There is no will at all.
- The provisions of the will do not accurately reflect the wishes of the deceased person.
- The person appointed as executor in the will is unfit to perform these duties or conflicts of interest exist between them and one of the beneficiaries.
- The will was not properly executed under state law.
- Some other factors may make it invalid under state laws.
The main goal here is to prove that the deceased person did not leave a valid will or that there are other reasons why their last wishes should not be implemented by the probate court.
Conduct a proper investigation
You should try and gather as much evidence as possible that proves your point and disproves your relatives’ statements. This type of case is decided based on the evidence and the credibility of witnesses, so you want to make sure that you have more evidence than your relative does.
Use a detective agency or private investigator if you need to. A good private investigator will be able to dig through your relative’s records and find proof of their wrongdoings (if there are any). They’ll also be able to help you identify weaknesses in your relatives’ cases and advise you on how to better approach contesting probate in order to get your fair share of the inheritance.
Get a lawyer
A good probate lawyer will be able to help you contest your relative’s probate and get your fair share of the inheritance. Hiring a professional will save you a lot of time and money in the long run and is well worth it when you consider the amount of money involved.
They will be able to help you gather the evidence you need to support your claims and prepare you for any legal proceedings associated with contesting probate. A good lawyer will have a lot of experience in such cases and will be able to win your case based on merit rather than on technicalities.
You should also consider getting a lawyer if you do not have any evidence that supports your case and you are within the six-month time limit for contesting probate. A good lawyer will be able to work with you to gather the relevant evidence and make sure you have a strong case against your relatives. They’ll also make sure that you don’t miss any deadlines and help you file your petition on time.
In some cases, you may want to take the matter to court and get a judgment against your relatives in order to enforce it. A good lawyer will be able to help you achieve that as well.
Conclusion
Contesting probate can be a long, complicated, and expensive process. It is not for the faint-hearted and must be approached with caution. If you are considering contesting your relative’s probate, you should hire a good lawyer to help you with this process. They will be able to guide you through the whole probate contesting process and make sure it goes smoothly. It is particularly important when you are in a very hard life situation already, mourning after a lost family member.
