Will Contests
If you believe a loved one’s will is invalid or the result of someone’s misconduct, you may want to contest the will in court. However, this is not an easy process, especially if you’re not sure what evidence you need to prove your claim. What you need is an experienced attorney that can help you with the process.
For decades, the Pennsylvania estate litigation attorneys at Fellerman & Ciarimboli have helped clients throughout the state with their estate issues. We will listen to your story, examine the circumstances surrounding the creation of the will, and suggest your next steps. If necessary, we’ll represent you in court to show why the will is invalid.
Challenging a Will: What You Need to Know
Let’s say your aunt has passed away and left the bulk of her estate to her caretakers. It seems odd – why would she leave her estate to strangers instead of her family? It feels like something is amiss, and you decide to contest the will.
First, you need to know that not everyone can challenge a will. The individual needs to have “standing” to contest the will, i.e., someone who would either inherit or lose something under the will if it was deemed invalid. You do not have to be named a beneficiary in the will to challenge it.
There is also a statute of limitations in contesting the will. If the estate is in probate, you must file a caveat with the Register of Will before it enters probate. However, if it’s heading for probate, you need to wait before appealing. You have up to one year after the decision to contest the will. Failure to file an appeal after a year and the court will dismiss your claim.
Grounds for Contesting a Will in Pennsylvania
According to Pennsylvania law, you need to have a valid reason why you believe the will is invalid. You cannot just contest it because you feel it’s unfair. In Pennsylvania, you can challenge a will on the following grounds:
Mental Capacity: If an individual is not of sound mind at the time he/she is creating a will, this can be grounds for a will contest. Some examples include the individual not knowing he/she was making a will, doesn’t understand the consequences of his/her actions, or is even aware of the property he/she owns or controls.
Undue Influence: Was the individual coerced or under duress when creating the will? If this occurs, it may be a case of undue influence. Undue influence occurs when a person who is in a position of control over a vulnerable person’s care or finance can easily influence that person during the estate planning process. It is not only a family member – it can be a caretaker or organization.
Fraud or Forgery: Does the signature look off? Did you find another will that has different information? If someone forges the will or fraud has taken place, you will need proof.
Errors With the Will: If the will had been prepared or signed improperly, even without fraud or undue influence, you might be able to contest it. For example, if a signature is not present at the end of the document, this makes the will invalid.
Will Contest Exceptions
What if you’re the spouse of the deceased and are dissatisfied with the will? Then you have the right to “elect” to take one-third of the deceased’s estate instead of the share as defined by the estate. But take care in exercising this right – it’s a very complicated situation and can affect the surviving spouse’s right to property, receive life insurance, investments, and employment rights established by the deceased spouse.
If the now-deceased person owes an individual something, and the debt is valid, then the creditor can sue the estate to recover the debt, no matter what the will states. But like contesting the will, the creditor will need proof of the outstanding debt.
Contesting a Will? Fellerman & Ciarimboli Can Help
For decades, the estate litigation attorneys at Fellerman & Ciarimboli have been helping clients across Pennsylvania with their estate planning needs. We understand the complexities these situations are and treat each case with the sensitivity and strict attention to detail. We will work hard to make sure you know the process and will fight on your behalf.
If you are considering contesting a will, creating an estate plan, or setting up a trust, don’t wait much longer. Contact a Pennsylvania estate lawyer at Fellerman & Ciarimboli today to set up a free consultation.
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We could have never made it without Molly Clark and Fellerman & Ciarimboli!! It's scary going after someone for wrongdoing and she took us through every step. She answered all our questions, good or bad. She was available 24-7 and weekends fighting for us. She fought for our needs and got us what was deserved!! They are the best choice!!- Star K.
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I have a friend who sought help from Fellerman & Ciarimboli and said they were very nice and helpful. So when I needed assistance, they were the first ones I thought of, and gave them a call. I was connected to Attorney Molly Clark, who made a significant impact. Her comforting personality created a welcoming environment during our interactions, turning what could have been a somber experience into one filled with positivity. Our upbeat conversations, in contrast to the challenging situation, improved my well-being.
What truly won me over was Molly's commitment to keeping me informed about the progress of my situation. Whenever I called her with questions, she promptly provided answers, ensuring I had the information I needed when I needed it. Working with Fellerman & Ciarimboli was a positive experience given the circumstances I was facing. I highly recommend Attorney Molly and the firm to anyone seeking reliable and compassionate assistance during challenging times.
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Molly thank you for everything you’ve done for Terry and me. You went above and beyond. You are like family to us and will always love you!- Arlene P.
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I can't express how GREAT my first experience with an attorney has been! I'm not kidding when I say that both you and the entire firm are I think the best around. Once get things settled around here, I would like to make an appointment to come up to talk about some other issues, but I have been doing nothing, but singing the praises of you The entire organization to everyone that I speak with.- R.R.
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There are no adequate words to convey to you, Mike, and Ed how grateful our family is for all of your hard work in helping us through the most difficult time of our lives. Your commitment to justice is unlike anything we have ever witnessed. Our tragedy became your tragedy. The three of you have become part of our family.
Harry, you explained everything necessary in terms which were comprehensible and helpful to us to better understand all that was presented. We are so grateful for that.
The compassion shown to us by not only the three of you, but everyone to whom we encountered at Fellerman & Ciarimboli was off the charts and so sincere.
We will grieve our profound loss for the rest of our lives, but all of you helped to make it a bit easier, and we thank you from the bottom of our hearts.
God's Blessings to you and your family.
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Molly, Thank you so much! I can't tell you how much you mean to me, throughout this process, you have always been there and helped me through. I am glad it all came to a good ending and that it is over. But, I will miss you and you will always be referred to anyone that ever asks me for an amazing lawyer! Keep fighting for the people who need you! You are amazing at what you do, you're professional and genuine! I wish you all the best in your career and am happy that I chose you to take my case. Your team is amazing, too!- Nicole W.
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I was in a bad accident and I had my daughter in the car with me. I highly recommend this firm. My attorney Myer Messinger was very compassionate and offered empathy with helping me and my daughter with the mental agony we experienced after the accident. Mr Messinger is very professional and knowledgeable. We sat for hours for the mediation and he fought to get me the best settlement- Enide Jerome
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