Challenging a will? Be ready for what comes with it

Hinojosa & Forer LLP

When you feel that there’s a valid reason to do so, challenging a will is sometimes necessary. Unfortunately, there may be consequences to the process that you may not anticipate. It’s smart to be prepared for what can happen.

One of the most difficult things for some individuals to deal with is the rift that challenging a will puts between family members. Some members of the family might think that you’re trying to take what’s theirs so they may become upset. There isn’t an easy way to handle this, but it’s possible that trying to settle the dispute amicably (without litigation) can minimize the way that the dispute affects your family dynamics.

The cost of the dispute is another possible impact that you might not have expected. While you do need to fight for what’s rightfully yours, you need to balance the cost of doing this with what you’re likely to receive. Trying to settle the matter without having to go through a trial might keep the cost down.

Before you launch a will contest, make sure that you have your facts in order. You can’t make specific claims about a will’s validity without cause, so being able to show why the will as it stands now isn’t valid is important.

In the case of something like undue influence, contesting the will is a way that you can try to make sure that your loved one’s true wishes are followed. Working closely with your attorney can help you to discover what options you have that might be beneficial. It may also be the best way to get a firm grip on your goals for the dispute’s outcome, and that can help you inform your approach to situation moving forward.

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