Contesting a Will During Probate | Estate Planning

How long do I have to contest a will during probate litigation?

Estate Planning | The death of a loved one offers the individuals that were closest to the deceased the opportunity to receive a portion of any assets that person left behind. No specific rule exists to choose specific beneficiaries, a quirk that can cause conflict that may eventually lead to probate litigation.

Reasons for Contesting a Will

When someone feels that they’ve been wrongfully excluded from a will, they can contest the document by pursuing litigation. Some reasons for contesting a will might be that the document could be fraudulent or that the deceased was either heavily influenced or under severe pressure to sign it. Also, the person mental capacity could have been in question at the time it was signed.

Time Limits

The important thing to remember is that a time limit exists when contesting the issue, one that varies from state to state. In Texas, the limit is four years, while many others are half that length.

The problem with determining an exact amount of time can be confusing due to estate planning that is set up with clauses and other potential situations, but a good rule of thumb is two years.

One important thing to remember is that whatever the time limit is for that probate litigation, it doesn’t begin when the individual actually dies. The clock will officially begin ticking when the probate court filing of the will takes place. Here, the will has been read and posted without any objections.

However, the filing of such litigation over that will can take place any time after the death and in the two years that follow. There’s nothing wrong with filing it before the will is probated, since it eliminates the possibility of being shut out from contesting it.

Once the claim is filed, you must respond to a probate request or the right to contest it will be waived. Also, if you receive a notice about contesting the will, you must respond within 30 days.

The Issue of Minors

A minor is unable to contest a will until they reach the age of majority, and then has two years to file any claim.

The People to Call

The legal team at Young Wooldridge, LLP, is well equipped to handle any probate litigation issues that you might have, so contact us today for a free initial consultation.

An experienced lawyer will be able to answer your questions, provide the information you’re looking for and give you the peace of mind that comes from knowing your loved ones can be free of hassle and worry. If you have questions about your estate plan, the skilled Bakersfield estate planning attorneys at Young Wooldridge, LLP  are a great source of information and support. Contact us today for a free initial consultation. 

Call today for a confidential consultation! 661.855.4886

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