Contesting a Last Will & Testament

Rich Elderly Man With Gold-digger Companion Or Wife

Anyone seeking to probate a last will and testament must first give notice to each person with an interest in the estate.  This includes the decedent’s heirs and devisees.

Those receiving notice will have 14 days to file an objection.

The objection must be supported by an Affidavit of Objections.  This documents must set forth the legal and factual grounds for your objection.

A will can be contested for any of the following reasons:

  1. It was not executed properly (i.e., forgery, improper witnessing, etc.)
  2. There is a later will
  3. The testator did not have the mental capacity needed to execute the document
  4. The will was procured using fraud or undue influence

If you have questions about estate planning or the probate process, please contact me at justin@jrmccarthy.com.

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