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Contesting A Will With A Lawyer

Posted on January 22nd, 2022

Dealing with the passing of a loved one is never simple, whether you were extremely close with them or had a difficult relationship during their lifetime. It can be hard to know the best way to grieve and this can be a process that leaves you feeling unsure of how to move on. However, if you learn that your loved one passed away with a will and that you did not get what you were expecting to get or that you were completely cut out of the will, this can make things infinitely more difficult. You may feel abandoned, uncared for, or simply like you are unable to move on from this. When this happens, what can you do to fix it? 

Taking The First Step

One of the first things you should do in this situation is to determine whether you would like to contest the will. This is not an easy decision and it can mean that the will gets held up in court and that you are now going to be involved in a fairly complicated legal battle. When you decide that contesting a will is what you want to do, one of the first things you should do is call a lawyer. While this may not be a simple process to go through, it can help you with the closure you need.

Do I have any legal standing to contest the will? 

One of the first things that your lawyer will want to determine is whether you have any grounds for contesting the will. This can mean that you were: 

  • Named as a beneficiary in a newer version of the will
  • Named as a beneficiary in a previous version of the will
  • Currently named as a beneficiary in the will being used in court
  • An obvious beneficiary or heir regardless of a will, such as if you were a child or a spouse

After proving you are legally able to move forward with a case, you will need to show that the will itself can be challenged. This can be because the testator was “not of sound mind,” because you believe the will was forged, or even because you believe there is a different copy of the will with different information. 

There are many issues that can come up during the probate process and when you are ready to challenge a will, it is time to work with a lawyer you can rely on. Reach out to a local law office for more information now. 


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

Silverman Law Office - Bozeman

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Bozeman, MT 59715

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Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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