23 Feb
Probate litigation can stem from a variety of different issues. Sometimes, family members question the conduct of a personal representative. They may worry about delays in probate proceedings or questionable financial moves. Other times, there may be concerns about the estate planning documents left to guide estate administration.
People who question estate planning documents may be able to contest a will in probate court. They ask the courts to set aside a document that may not be valid. Frequently, will contests occur because families believe that an outside party may have influenced the testator. Occasionally, concerns about a testator’s mental capacity could lead to a will contest.
Other times, people take issue with an estate plan because it does not meet their expectations. People who expect to receive an inheritance may take issue with learning they may not receive anything from an estate. Can an adult child left out of a will use that as grounds for a will contest?
Contests require a legal basis
A disinherited spouse could potentially ask the courts to intervene for their protection. Spouses have a basic right of inheritance in most cases. Children do not automatically have the right to inherit from an estate when their parents die.
They inherit from intestate estates where there is no will. Otherwise, their right to an inheritance depends on the plans of their parents. Parents can choose to disinherit one child or all of their children. They can also leave more property to one child than others. Occasionally, disinherited children may have grounds for a will contest.
If a parent drafted a will before they added family members, questions about the accuracy of the document and how outdated it has become could influence the court’s response. In some cases, one child might be able to assert that their omission was an oversight or accident. Other times, disinherited children might claim that those who received an inheritance may have exerted undue influence.
Exploring the circumstances surrounding the creation of a will with a skilled legal team can help people determine if probate litigation might be necessary. The probate courts could set aside questionable documents and either reference an older will or act as though there was no will. Those disappointed and concerned about the contents of a will may sometimes have reason to take legal action.
