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If you've expected to inherit from a close relative for some time now, the fact that you've been left out of the will -- or even received substantially less than you really expected -- can come as an upsetting shock.
You may immediately be urged by others to contest the will -- and you know that you're certainly within your rights to do so. However, there are a few things you need to consider before you take that step. Here's what you should know about contesting a will.
1. There may not be much to contest.
These days, it's not uncommon for someone to find ways to keep their assets out of probate. There are numerous vehicles that can be used to legally steer assets directly to inheritors, aside from the will. For example, life insurance policy proceeds go directly to the named beneficiaries. A house that's been given to someone via a "Transfer on Death" deed also automatically passes around the will. Make sure you know what's in the estate before you decide if it's worth contesting.
2. You need to be financially prepared for the battle.
Litigation is expensive -- and you usually have to pay for your attorney's service in these kinds of cases up-front. Again, this is where the value of the estate has to play into your decision to take legal action. Some estates are simply too small to be worth the expense unless you're determined to act on principle.
3. You need to be emotionally and mentally prepared for the reaction.
An estate battle can -- and often does -- put permanent fractures in family relationships. No matter how justified your action, some of your relatives (especially the ones who were set to inherit and now find that inheritance in question) will probably allege that you're simply "money hungry" and are acting unfairly. They may try to assassinate your character in court. Others will hopefully take your side.
4. You absolutely have to decide what you're doing quickly.
Despite these cautions, there are times when contesting a will is entirely right and worthwhile -- especially if you suspect that someone exerted undue influence over your relative and got the deceased to change his or her will shortly before death. However, you don't have a lot of time to think about your decision because it's much easier to stop the assets from being distributed until the issue is settled if you act fast (and harder to get them back if they're already disbursed).
If you know that contesting a will is the right action to take and you're ready to take that step -- or are just thinking through the possibilities -- it might be wise to make an appointment with a probate lawyer like G Steven McKonly, PC today.
Share22 April 2019
