In summary, it can be said that the executor of the estate will file an application for succession of the will with the propired court of that state. This provision must be accompanied by an application or notice of succession, which is essentially an announcement that the testator`s will has been filed for the estate. The purpose of this notice is to inform persons interested in the succession that the succession process has been initiated. Those who have an interest in the estate generally include those who have been designated as beneficiaries of the estate. Since the will contains instructions for the testator`s property and the property must be distributed after his death, the will must also contain the following information: Sometimes it is not so easy to determine who has the right or right to contest a will. An estate planning lawyer can review a copy of the will and provide legal advice to protect your financial interests. Get started today by talking to a local estate planning lawyer. Fraud: Like any document, a will can be altered fraudulently and illegally. Pages can be changed, modified or deleted and reinserted. In fact, people can falsify the will with the testator`s signature, falsify the name of a witness, or even falsify a notary`s signature.
A will can be challenged in these circumstances. Similarly, when executing the will, the testator should be fully informed of the relevant facts, information and circumstances concerning matters relating to his or her will. If the testator signs their will due to misinformation or lack of information, it is possible that the will can be contested. The most common dispute over the validity of a will concerns claims for undue influence, inability to pay, fraud, improper execution or the existence of a will executed at a later date. Our law firm conducts disputes in which the validity of a will or the provisions of a will are contested. Our knowledgeable attorneys at Georgia Will Contest have handled a variety of probate disputes related to the validity of wills and the administration of estates, including: Existence of a subsequent will: In general, a will validly executed later should revoke all previous wills. For this reason, it`s also important to briefly meet with your probate attorney each year to review your estate and any changes that may have been made to the probate or estate code in your state. If you or your beneficiaries are involved in a testamentary dispute, a lawyer can also represent you or their beneficiaries during the probate process. If you are the beneficiary of a will and there is a no-challenge clause, there is a chance that if you lose your lawsuit, you will be disinherited.
But even that depends on whether your state enforces the no-challenge clauses. To contest a will, there must be proof of one or more of the following: If there is no will, or if a will is found to be invalid (it has no legal effect), the assets are distributed to the next of kin under Alabama law. Determining who is entitled to property under Alabama law depends on various factors, such as whether.B. whether the deceased was married at the time of death; if he had children from that marriage; or if the deceased had children from a previous marriage and/or relationship. The law provides for an ordinance for which the next of kin inherits property based on the living relatives of the deceased at the time of death. For a more detailed explanation, see our Alabama legal succession chart. Heirs are the most frequently named beneficiaries in a will. Heirs are relatives who would have inherited even if the deceased had died „intestate“ (without a will). Heirs include spouses, children, parents, grandparents and siblings. Our dedicated and experienced lawyers have represented beneficiaries and executors in probate disputes before alternative courts throughout the New York metropolitan area. Our lawyers have over 100 years of legal experience representing clients in wills, trusts and probate disputes. We have extensive experience in the interpretation, drafting and pleading of wills and trusts.
Our experience, coupled with our knowledge of surrogate courts in the Greater New York area, gives us a winning combination in dispute resolution. .