What are will contests and how do I avoid them?
Most of the challenges to invalidate Wills, or Will contests, are made by potential heirs or beneficiaries who got little or nothing in the Will. Challenges to the validity of a Will must be filed in probate court within a certain number of days after the person making the challenge receives notice of the death or of the petition to admit the Will to probate. Simply being unhappy about a Will or disappointed isnt a good enough reason to challenge it. There must be a valid legal ground for the objection. The typical objections are: (1) The Will was not properly drawn, signed, or witnessed, according to the states formal requirements; (2) The decedent lacked mental capacity at the time the Will was executed; (3) There was fraud, force, or undue influence; or (4) The Will was a forgery. If the Will is held invalid, the probate court may invalidate all provisions of the Will or only the challenged portion. If the entire Will is held invalid, generally the proceeds are distributed under the
