Contesting a will is extremely difficult to do without proper guidance. Significant obstacles, such as attorney fees and court fees, all play a major role when attempting to contest a will. If you're challenging the will of a loved one, you should prepare for all the hurdles that may come your way. Below, Obenshain Law Group explains three costly mistakes to avoid when contesting a will.
No Grounds for Contesting the Will
The first mistake, when attempting to contest a will, is contesting for no reason. Ensure that the contest of the will is based on valid terms such as fraud, lack of mental capacity, or professional negligence. We recommend knowing all the details behind the will before contacting an experienced attorney.
Assuming the Fees are Automatically Paid For
In some cases, fees such as attorney representation and court fees may be partially paid for by the estate. Typically this is only if the contester wins the case. Unless a fee waiver is used for the documents on the case, the fees start to accumulate at a fast pace. Assuming the estate will pay for the contest is a big mistake, often only a judge's ruling can require that the estate or other parties in the case pay for the selected fees.
Representing yourself during the process isn't recommended due to the amount of detail involved. Tedious paperwork such as filing objections, probate hearings, and official contest forms must all be filled out in the correct matter for the will contest hearing to be approved.
While some paperwork about contesting a will is straight forward, most of it is very specific and detail-oriented. Additionally, there is a statute of limitations in place for contesting a will in Virginia. Working with a will contest lawyer will ensure that your case is handled promptly, and all of your documents are accurately filled out.
Obenshain Law Group is here for you will contest needs. Contact us today at (540) 318-7360.