Contesting a Will
Experiencing a death in the family can be chaotic and sorrowful, even if the deceased tried to ease the process by planning in advance with a will.
Sometimes, a will’s heir or a beneficiary will challenge their share, claiming some or all of the estate assets beyond what they were given. These situations can be challenging to navigate, with emotions running high after a family death.
Interested Party
Any interested party can contest a will, whether they’re named in the will or not. Often, this includes:
- Children
- Guardians
- Conservators
- Grandchildren
- Spouses
- Siblings
- Parents
- Aunts/Uncles
- Business Partners
Other beneficiaries may include friends, relations without blood ties, and any organizations or charities to which the deceased donated.
When an interested party challenges a will, they must give a reason. Some of the most common include questions about the mental state of the person who made the will, claims of undue influence, fraud, or forgery, or that the will was prepared and/or executed improperly.
To contest a will, you have to do your research to see if you have a claim, then file a petition in probate court, gather evidence, and head to court. If the deceased person has a no-contest clause in their will, it can make contesting it much more difficult.
A lot goes into planning a will and even more into executing it. At Terrazas Henkel P.C., our experienced attorneys understand the confusing tidal wave of emotions that come with a death in the family. We’re here to help guide you however you need; call 406-541-2550 and set up an appointment to speak with our team of professionals.
