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Wills Contests
FAQ's
 Who can contest a will?
 Any person who has "standing," i.e. a legal interest in an estate of the person whose will is in question, can contest the will. Generally, spouses, children, grandchildren and other family members and heirs may have "standing" to challenge a will.
When should a will contest be brought?
If there are legitimate questions about the validity of a will, a will contest should be brought promptly. In virtually all states, there are specific time limits on the right to contest a will.
How is a will contest started?
There is no one specific format for challenging a will. Generally, a will contest begins with the filing of an Objection to the admission of the will to probate. The Court then schedules a hearing on the Objection and things proceed from there. In some situations, a will contest takes the form of an Appeal from an Order of the Probate Court.
What do I have to pay an attorney?
Some attorneys charge on an hourly basis and, win or lose, you can expect to pay for the attorney's time in bringing the will contest. Other attorneys charge a contingent fee - a percentage of any recovery you receive in the case - which means if you do not win, there are no attorneys' fees.
Some attorneys charge a combination fixed fee and contingency. That is, the client is requested to pay specific amounts at specific times during the litigation for which the client receives a credit against a contingent fee. In all cases, legal fees should be specified in writing in an attorney-client retainer agreement.
Are there any other costs?
Yes. There are other costs that may be paid for by the client, the attorney, or by both the client and the attorney. These can include court costs, witness fees, deposition costs. These should be discussed with your attorney.
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If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. Please click here if you would like us to review your situation.
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