Dealing with the death of a loved one is never easy, and it can be even more challenging when you have questions about your inheritance. You might feel like a will doesn’t match the intent of your deceased loved one, whether they forgot to update it or made another mistake. Beneficiaries have the right to challenge a will that they feel is wrong.
When a loved one passes away, it’s natural to have questions about what you’ll inherit. The first step is to understand the will's contents and the executor's role. The executor manages the deceased's estate and distributes the assets according to the will.
Consider the story NJ.com shared, where a woman was unsure if she received the right inheritance after her mother died. The woman struggled to communicate with her brother, the executor. The last she’d heard from her mother, she had assets such as insurance policies, a safe deposit box, and a paid-off home.
However, the brother claimed the mother had liquidated her assets and reverse-mortgaged her home and that nothing was left. Naturally, the woman was afraid that she was being defrauded of her inheritance.
Contesting a will involves legally challenging its validity. Beneficiaries often do this because they believe the will does not accurately reflect the deceased's wishes.
You may be able to contest a will if you have standing and valid legal grounds. Broadly speaking, you can challenge a will if you believe it’s been revoked or is legally invalid. As MetLife describes, the most common grounds to contest a will include:
To contest a will, you must have legal standing. Generally, this means you have a financial interest in the estate. Some cases in which you would have standing include being named in a previous version of the will or if state law would leave you to inherit the estate without a will.
If you believe you are not receiving the inheritance you are entitled to, there are steps you can take to protect your rights:
If you decide to contest a will, it’s important to act quickly. After all, most states offer a limited timeframe for you to file your challenge. Reach out to our estate planning attorneys today to schedule a consultation and get started.
Contesting a will is not easy, nor is it something one should consider lightly, so you should seek professional advice if you need help. The Werner Law Firm, living trust lawyers in Frisco, can guide you through it.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
References: MetLife (Jan. 30, 2023) "Contesting a Will: What to Consider"
NJ.com (Feb. 18, 2019) "My mom died. How can I know I'm getting the right inheritance?"
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