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Can I Challenge My Mother’s/Father’s Last Will and Testament?

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Losing a parent can be one of the most emotionally difficult times you will ever have to face during your lifetime

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									                    Can I Challenge My Mother’s/Father’s Last Will and Testament?

Losing a parent can be one of the most emotionally difficult times you will ever have to face during your
lifetime. Sitting down to hearthe terms of your mother’s or father’s Last Will and Testament is often one
of the most difficult parts of the loss. If the terms of the Will don’t sound right to you, it can be
considerably more difficult. If you are truly concerned that something just isn’t right, you have the
option to try and contest the Will.

Contesting a Will is a complicated and lengthy process. It could drag on for months, even years, and will
likely drain the estate of considerable assets before all is said and done. Unlike the impression many
people have of a Will contest, just being unhappy with the amount you were left in a Will is not normally
a legal reason to contest the Will itself. Instead, you must usually allege, and ultimately prove, that the
Will itself is invalid.

The laws in the state where the decedent was a resident at the time of death will dictate much of the
Will contest procedure. Who can petition to challenge a Will, what grounds can be used to challenge a
Will, and the procedure for asserting a challenge will all depend on where the decedent lived at the time
of death. As a general rule though, you will need to prove something like the decedent was subjected to
undue influence at the time the Will was signed, or the decedent was not of sound mind when he or she
signed the Will.

If you are able to prove the allegations contained in the petition to contest the Will, the Will is declared
invalid and the estate is then handled as an intestate estate unless a previous, valid Last Will and
Testament is located. Again, state laws will vary somewhat; however, intestate succession typically
divides the estate among immediate relatives first, such as a spouse and children and then branches out
from there to find more blood relatives.

Experienced estate planning attorneys Roseville CA of the John Rogers Burk, A Law Corporation offers
estate planning and business planning resources to residents of Roseville CA. To learn more about these
free resources, please visit www.roseville-estate-planning.com/ today.

								
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