Evaluate
We review the will, your interest in the estate, and the facts of the dispute to identify grounds for a challenge and weigh the strengths and risks of your case.
Will Contest Representation
If you believe a will does not reflect your loved one’s true intentions, or you’re concerned about how an estate is being administered, our experienced attorneys can help.
Undue Influence or Lack of Capacity
Fraud or Improper Signing
Disputes Among Heirs and Beneficiaries
Who Can Contest
Who Can Challenge a Will?
Not everyone can challenge a will. Generally, you must have a direct financial or legal interest in the estate that would be harmed if the court accepts the will as valid.
You may have standing if you are:
01
A legal heir who would receive less
under the will than if there were no will.
02
A beneficiary of a prior will whose
share is reduced or removed by the
current will.
03
Anyone else whose inheritance or legal
interest is harmed by the current will.
Deadlines in probate proceedings can be strict,
so if you have concerns, it’s best to speak
with an attorney as early as possible.
How We Work
From Review to Resolution
Every estate dispute is different. We begin by understanding the facts, evaluating the available evidence, and developing a strategy designed around your legal interests and goals.
Investigate
We gather records, witness accounts, and financial documents that may show incapacity, undue influence, fraud, or improper execution.
Advocate
When legal action is appropriate, we file the necessary objections and represent you through negotiation, hearings, and trial if needed.
Resolve
Whether through settlement or a court decision, we work toward an outcome that reflects your loved one’s true intentions and your rights.
Common Questions
Will Contests, Plainly Answered
Will contests can involve complex questions about timing, standing, validity, evidence, and procedure. These answers provide a general overview of issues that often arise in contested estate matters.
The timeline can vary significantly depending on the complexity of the estate, the number of interested parties, the evidence involved, and whether the matter settles or goes to trial. During an initial consultation, we can give you a clearer sense of what to expect in your case.
A strong first step is to have the will, estate documents, and surrounding circumstances reviewed by an attorney experienced in probate and estate litigation. The attorney can evaluate whether you have standing, identify potential legal grounds, determine what evidence may be needed, and explain the procedural requirements that apply.
A will may be challenged if it wasn’t properly signed and witnessed, or if there are serious concerns about how it was made, such as the person lacking the mental capacity to understand it, being pressured or manipulated by someone else, or the will being forged or obtained through fraud.
If you believe an executor is mismanaging assets, delaying distribution, or acting improperly, you may have options even if you aren’t contesting the will itself. We can help you understand your rights.
Our Practice Areas
01
Elder Law & Medicaid Planning
Thoughtful guidance on long-term care, Medicaid eligibility, asset protection, and the legal matters that come with aging.
02
Wills & Trusts
Estate planning documents designed to protect your assets, honor your wishes, and provide for the people you love.
03
Probate & Administration
Support with probate filings, administration, asset transfers and executor responsibilities.
04
Guardianship
Court representation and protection for loved ones who can no longer make personal or financial decisions on their own.
05
Special Needs Law
Experienced counsel in guardianship and special needs planning. Protecting your child's well-being and the essential benefits they rely on.
06
Wrongful Death Compromise
Guidance for families dealing with the legal and financial consequences following the loss of a loved one.
Will Contest Guidance
Need Help Resolving a Dispute?
If you are facing a will contest, inheritance dispute, intestacy issue, or another contested estate matter, our attorneys can help you understand your rights, evaluate your options, and determine the appropriate next steps.