As the previous respondent sai a lawyer is going to be your best source of opinion pertaining to your chance to overturn this decision. You may be facing a statue of limitations depending upon the laws of your state, and how the money was. You can challenge the validity of a will only up to the time the judge signs off on the probate. How is after a will has been probated can it be contested?
Does contesting a will affect probate? Can I contest a will after probate?
The probate process officially recognizes the will as valid. When probate begins, so does the window of time in which beneficiaries can contest a will. Once probate is over, the estate no longer exists and the will cannot be challenged. If they left a will, that document can be legally contested in probate court. The obstacles and possible consequences still apply, but some circumstances may merit facing the risk.
There are several reasons why a will may be challenged. Discovery of a more recent will: This makes a strong case for avoiding all or part of a probated will. Contesting a will after probate is restricted to certain “ interested persons.
Before challenging a will, you must have standing and a legal reason for contesting the will after probate.
If the person has just passed away, then you can contest a will by filing an objection to the probate petition. This must be done before the hearing takes place. Will contests are an example. These disputes can be particularly troubling if they are filed after the estate has been administered and the probate assets have been distributed. If you find out probate has been issue instruct a solicitor straightaway.
However, people need to meet a range of conditions before they are able to contest a will. Questions Answered Every Seconds. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now!
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Challengers may be able to negotiate a settlement with the estate instead. A last will and testament is a document stating a deceased person’s wishes after they’re dead. It’s often tough to prove that a will, if it appears valid and was properly witnesse should be ruled invalid. In general, however, you have no more than two years to challenge a will after it enters probate.
An exception is if you were a minor at the time the will entered probate. In that case, you would have two years after reaching the age of majority.
But if one of these four reasons for a contest does exist, a last will and testament can be invalidated. The entire will is effectively thrown out, and the estate proceeds as though the decedent had never left a will at all. The attorneys for the sister filed the last will in probate court disinheriting the son. The son hired a lawyer and a private investigator to investigate and contest the will. After a couple of months of gathering evidence and testimony, a lawsuit was prepared and filed in probate court contesting the will.
If the estate has been probated and the months has already passe you would have to show fraud on the part of the Personal Representative in not notifying your aunt of the probate of the will. A will or a codicil to a will (an amendment made to a will after it has been signed) can only be contested for very specific legal reasons and the process begins when an interested person notifies the court.