Key Reasons to Contest a Will During Probate

Oklahoma City probate attorneys can help those who are involved in the probate process after someone has passed away. Our firm knows the ins-and-outs of probate law and will help to ensure that the wishes of the deceased are respected and the rights of heirs or beneficiaries are protected.  

In some cases, the probate process becomes much more complicated because there is a will that at least one interested party believes is not a legally valid last will and testament. If there is a situation where a will is challenged, the person who is arguing the will should be declared invalid is the individual who will be expected to prove the problems with the will.

The executor of an estate, as well as any heirs or beneficiaries who could lose any of their inheritance if the will is successfully contested, will typically argue on behalf of probating the will while the person who is contesting the will is going to need to show why probating it is not appropriate.

Parman & Easterday provides representation to executors, heirs, or beneficiaries who wish to defend a will. We also help those who believe they need to contest a will because of problems in its creation. Whatever your situation, we will work to create the strongest arguments for your preferred decision on the validity of the will. Give us a call to find out more about the ways in which our legal team can help you to deal with any problems with a will.

Key Reasons to Contest a Will

There are many possible reasons why you may decide contesting a will is the best course of action after someone in your life has passed away. You may wish to contest a will because:

• It was only created because of fraud or because the creator was under duress.  If someone is tricked or pressured into making a will, it may be declared invalid.
• The deceased wasn’t of sound mind any longer when the will was created. If a person’s mental capacity is affected by illness or injury and that person can no longer make an informed choice, understand basic concepts, or communicate his preferences, he can no longer make a valid will.
• Formalities of will creation weren’t followed.  This argument could be based on the fact that it’s not clear if the document was actually meant to be the final, enforceable will or not.

There could also be other valid reasons for going to court to contest a will and argue is not valid. The best way to determine if contesting a will is likely to be successful or not is to talk with an experienced attorney who is familiar with these types of cases.

Why Should You Get Legal Help to Contest a Will?

When you truly believe that a last will and testament isn’t a true and accurate reflection of what a deceased friend or relative wanted, you owe it to the person who has passed away to try to fight for his legacy. You don’t want someone to be unjustly enriched because they were able to successfully coerce a vulnerable person into changing a will, especially if the result is that legitimate heirs or beneficiaries are deprived of what they otherwise would have received.

Since the stakes are so high, you’ll want to do everything you can to obtain evidence about problems with the will and make a convincing case that there are serious flaws that should mean the will is not probated. Parman & Easterday can provide you with help in conducting an investigation, crafting sound legal arguments, and otherwise putting together the strongest possible case for why a will should be declared invalid.

Getting Help from Oklahoma City Probate Attorneys

Don’t hesitate to get legal help as soon as someone you care about has passed away, as the probate process is complicated even under the best of circumstances. This process, which Investopedia indicates could take over a year, could end up taking much longer if there is a will contest that must be addressed. Our firm will advise you throughout the entirety of the probate process, helping you to protect your rights and move as swiftly as possible through the process of winding up the deceased’s affairs.

To find out more about how Oklahoma City probate attorneys can help you during the process of probate, whether you’re contesting or defending a will, join us for a free seminar. You can also give us a call today at (405) 843-6100 or (913) 385-9400 or contact us online to get personalized help with the specific circumstances affecting you.