Discovering that there are issues with your loved one’s will can be a frustrating and stressful experience. However, there are steps you can take with your attorney to determine whether you’re able to challenge the will.
Keep reading to learn more about what it means to contest a will.
The Purpose of a Will
A last will and testament is a document that states a deceased person’s wishes once they’ve passed on.
Wills are a crucial component of estate planning because they contain a legal mandate for how the decedent’s property should be distributed. Beneficiaries are the people or organizations who will inherit the decedent’s property.
Certain beneficiaries will receive specific bequests and others will receive the residuary estate, or remaining assets, divided up according to the decedent’s wishes.
What it Means to Contest a Will
If you are dissatisfied with your share of the estate, and if the maker was incompetent or if someone has taken advantage of them and if they would benefit under an earlier will, then you may have the standing to contest the will.
In essence, when you contest a will, you are challenging its validity in court.
Will Contest Time Limits
Virginia law states that in most circumstances, you must contest a will within one year from the date the will is filed with the clerk. However, certain circumstances can reduce this time limit.
For the best results, it is wise to speak with an attorney about the will contest right away, so that valuable time is not lost and deadlines are not missed.
It’s never easy when a loved one passes, and dealing with estate issues can make the situation even more painful, frustrating, and worrisome. If you need to contest your loved one’s will, we are here to help.
Our team here at Obenshain Law Group is highly skilled in the handling of will contests and has helped many other people just like you. Let us see if we can help you, too. Don’t delay—contact our office with any questions you may have right away.
If you need to contest a loved one’s will, our lawyers at Obenshain Law Group may be able to help you seek the justice you deserve. Give us a call at (540) 318-7360 or fill out an online contact form.