There is a lot that goes into estate planning. You will likely create multiple documents, and these documents will need to be created and filed correctly in order to be considered valid. A will is an incredibly important document. It allows you to declare your wishes in the event of your passing. When it comes to estate planning, you can leave assets and gifts to your close friends and family, and make plans for loved ones under your care. Because a will is so important, many people choose to work with an experienced estate planning attorney to ensure that everything is done correctly. Sometimes, even when a will has been created with the help of an attorney, beneficiaries will attempt to contest a will if they believe the will to be invalid. Read on to learn more about why a will may be contested and what happens in the event that it is found to be invalid.
Reasons to Contest a Will
A beneficiary may contest a will for the following reasons:
- They believe the will was created under the undue influence of another person
- They believe the creator of the will was not of sound mind
- They believe some sort of forgery was involved
- They believe the will was not executed properly
- In order for a will to be valid in New York, it must be written and signed, and the signing must be witnessed by two witnesses who can state that the creator of the will is of sound mind.
Contesting a will can be a difficult process. It can be hard to prove that there was undue influence or forgery, but an experienced estate planning attorney will likely be able to examine other documents and testimonies in order to determine the validity of a will.
What if a Will is Invalid
If a will is found to be invalid by a court, the will may be thrown out. If there is no other will, the deceased individual’s assets will be passed on through a New York succession plan.
If you or a loved one is looking to contest a will, contact our firm today. We understand that after the passing of a loved one, litigation is likely the last thing you wish to face. We want to ensure that your estate planning needs are taken care of as quickly and compassionately as possible.
If you are interested in beginning the estate planning process and creating a will, reach out to our firm to get started.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.