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Will Contests Attorney

Will Contests Attorney Montana 

A will contains information about how a person’s estate will be managed and distributed after their passing, as a Montana will contests attorney can explain. They are an important part of a comprehensive estate plan because they contain information such as an individual’s assets, their beneficiaries, and how they wish for their assets to be distributed. When a will is contested by a party such as a family member, it can result in complications that can delay the distribution of assets to beneficiaries. It is important for a will contest to be resolved as soon as possible. 

Will Contests Lawyer Montana with an attorney reviewing paperwork

Why Are Wills Contested? 

A will can be contested for many reasons. Some of the most common reasons that a will can be contested is when a person is incapacitated (loss of testamentary capacity), there is a belief that fraud is committed, a will may have been created illegitimately, or the will may have been created by mistake. A party may contest a will because they believe that the will was created with undue influence as well. Whatever the case, the party who wishes to contest them must be able to provide a strong case that includes compelling evidence. 

How To Contest A Will

As a Montana will contests attorney can explain, there are several ways that a will can be contested. The party who has a complaint must file a petition to the court that details why they wish for a will to be contested. They need to be able to provide the relevant legal documents when they submit their petition. In order to contest a will, the petition must be filed within a certain period of time. They must also submit a copy of their petition to other parties who have an interest. A judge will determine if the case for contested will is valid.

Who Can Contest A Will

Any interested party can choose to contest a will. However, it is often family members who decide to contest a will of a deceased individual. As long as the party can file a petition on time, is prepared to present evidence and explain the grounds for contesting a will, they can proceed with the legal process. They need to be able to convince a court that their case is compelling enough so that a will can be determined invalid. If they are unable to present a strong case, the will can still be deemed valid. 

Consult An Experienced Lawyer

Because going through the steps to contest a will can be full of challenges and complications, it is recommended that a lawyer support you throughout your case. If you attempt to contest a will with a lack of understanding of the process and the requirements you need to fulfill, your case will end up unsuccessful. For more information about what kind of legal services you can obtain from a Montana will contests attorney from Silverman Law Office, PLLC, set up a consultation now while there is time to take legal action.

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