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Contested Probate Attorneys Advocate for Your Rights
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Types of will contests
The power to prevent contested probate often lies in the hands of the testator, or will creator. A poorly organized estate plan invites disaster. A will should be updated frequently to reflect major life events and changes. Additionally, wills should be as clear and comprehensive as possible. An ambiguous will that fails to name a personal representative or explain how real property should be distributed, will almost certainly lead to issues among heirs. Some of the most common will disputes that lead to contested probate include:
- Duress — When a testator is compelled to sign a will because of coercion or threats, the will may be contested on the grounds that the document was created under duress.
- Fraud — Heirs may contest a will if they suspect the testator was the victim of intentional misrepresentation or fraud.
- Lack of capacity — For a will to be valid, the creator must have the mental capacity to create and sign the document.
- Undue influence — Undue influence occurs when a person befriends another with the intention of altering their will or estate plan in their favor.
Depending on the facts, will contest matters can be difficult to prove. When you seek our counsel, we provide you with a candid case assessment and work tirelessly to protect your rights and advance your interests.