Questioning the validity of a will or involved in a contested dispute? Colbert Law Firm understands that contested estate disputes are always very emotional, complicated, and high-stakes, and you may have a hard time going through it. Let our contested estate attorneys handle the complex process and protect your family's legacy with skilled legal representation. With 20+ years of experience, our attorneys handle a wide range of contested matters.
What is a Contested Estate
A contested estate arises over how to handle and distribute a deceased person’s assets, including property and money. These disputes usually involve family members, beneficiaries, and other interested parties, and cases mostly concern challenges to the validity of a will, allegations of undue influence, disputes over asset distribution, improper/inaccurate documentation, and other issues. A dispute commonly occurs when someone files a claim to challenge the validity. It usually centers around family members and beneficiaries who want to know what the will says, its legitimacy, and how it should be interpreted. Courts oversee disputes involving will contests, undue influence or lack of capacity, breach of fiduciary duty by personal representatives, disputes between beneficiaries or heirs, omissions or misinterpretations of terms in the will or trust, fraud, forgery, or coercion. It is a very emotional process as it includes the loved one’s final wishes and financial and family dynamics. Often, the family members and beneficiaries cannot trust the will’s content and apply for probate. The best estate lawyers help you gather evidence, evaluate the validity of estate documents, address legal claims, and protect your legal rights throughout the probate process.
Proven Advocacy, Powerful Results
If you are looking for an experienced law firm that delivers positive results, you’ve found it. Colbert Law Center is dedicated to securing justice and ensuring you lead a peaceful, stress-free life. Ask For Consultation
When You Can Contest a Will
Under Maryland and Washington, D.C. law, you can challenge a will for these common reasons. Our estate planning lawyers in Maryland review all these reasons to handle each case thoroughly, reviewing the testator’s medical records, older documents, financial documents, witness testimony, and others, and build a strong case.
1. Lack of Testator’s Capacity
If the testator was suffering from dementia, cognitive impairment, or severe mental or physical illness, you can question the validity of the will. While creating the will, the testator must have a sound mind and understand the nature of making a will, assets, and beneficiaries.
2. Undue Influence
If a family member, acquaintance, or caregiver influences the testator to change the will in their favor, you may question its validity. The court will evaluate factors such as isolation, dependency, and sudden changes in the estate plan.
3. Improper Execution
In Maryland, the proper execution method is that the will must be signed by the testator and witnessed by two individuals. For Washington, D.C., other than the testator and witnesses’ signatures, you need formal execution requirements. If a will does not meet these requirements, you can challenge it.
4. Fraud or Forgery
If someone forged a signature or tricked the testator into signing a document, the entire will may become invalid. You can question the validity of the will and protect your property.
5. Revocation by a Subsequent Will
If a new will is properly executed, the older versions will be revoked. If you think the new will was made with an improper method, you can question it to check the validity of the document.
