Sometimes, family members disagree on an aspect of their loved one’s estate. When these probate disputes arise, they frequently necessitate legal assistance. At McMorrow Law, our estate planning lawyers are here to provide legal guidance through these disputes.
One of the most common probate disputes is when someone contests the decedent’s will. We can represent you in these will contests, whether you are an executor who is defending a will or you wish to contest your loved one’s will. This may entail negotiating with your family members or proceeding to court. Our skilled trial attorneys have extensive experience with estate litigation in Wexford, Pittsburgh, and throughout Pennsylvania.
Why Would Someone Contest a Will?
There are several factors that could motivate someone to dispute a will. Generally, someone chooses to contest a will if they believe that the decedent was subject to undue influence or was not of sound mind when creating the will. Some beneficiaries may also dispute a will if they believe that an executor, caregiver, or financial adviser has mismanaged or misappropriated the decedent’s assets.
In Pennsylvania, contesting a will requires valid legal grounds, not just dissatisfaction with its terms. Only those with “standing”– beneficiaries, heirs, or anyone with a legitimate interest in the estate – can initiate a challenge. Common reasons to contest a will include:
- Improper execution: A will must be written and signed by the testator (the person making the will). Pennsylvania does not require witnesses, though having two witnesses can help verify the will’s legitimacy.
- Lack of testamentary capacity: The testator must be of sound mind and legal age when signing the will. They should fully understand the nature of their property and the consequences of distributing it.
- Undue influence: This occurs when someone in a position of trust, such as a caregiver or financial adviser, uses their influence to manipulate the testator’s decisions regarding the will.
- Fraud: Fraud involves tricking the testator into signing a will, for example, by presenting the document under false pretenses, such as claiming it is a power of attorney.
Additionally, a will may be challenged if an executor is accused of mishandling the estate. If a challenge is successful, the court may invalidate the will, and the estate will be distributed according to Pennsylvania’s intestacy laws.
Who Can File a Will Contest in Pennsylvania?
To contest a will in Pennsylvania, you must be considered an “Interested Person” under the law. This typically includes:
- Family members: Those who would inherit under the state’s intestacy laws if the will is declared invalid. Intestate heirs include spouses, children, and, in some cases, extended family members.
- Beneficiaries: Anyone named as a beneficiary in the current will or a previous will can file a contest. This includes individuals who were promised certain assets under an earlier version of the will.
- Parties to a contract: If the decedent had a contract to either create a specific will or refrain from altering an existing will, and failed to comply, those parties to the contract may challenge the will.
- Trustees: If a trustee was appointed in a prior will and the decedent later changed their mind, the trustee may have standing to contest the new will if it affects their role.
If a will contest is initiated, it typically occurs after the will is submitted for probate. During probate, the court reviews the will’s validity and makes sure the estate is distributed according to the decedent’s wishes or state law if the will is successfully contested.
Follow Your Loved One’s Wishes and Protect Your Inheritance
Our attorneys can help you challenge a will that you believe is invalid or defend a will if you are an executor. We understand that estate planning issues can be sensitive family matters. These disputes can sometimes lead to bitter, painful family arguments. However, contesting a will is sometimes necessary to protect you and your family members’ inheritance and ensure that your loved one’s estate is distributed as they wished.
Work With an Estate Litigation Lawyer in Your Probate Dispute
The estate litigation attorneys at McMorrow Law, LLC, are here to help you through all steps of your probate dispute. To schedule a consultation at our Wexford office, call 724-940-0100 or send us an email.