Reasons You May Want to Contest A Will

By: Matthew Funeral Home
Monday, September 25, 2023

After your loved one passes, their Will will be presented, if they have one. It is possible that you have some issues with how your loved one has divided their estate. Generally, an individual should and will discuss how their estate will be divided among their heirs ahead of time. If you do not like how your loved one divided their estate, you can potentially contest the Will. Wills are usually contested when one or more heirs are not satisfied with the division, or if you believe that the Will fails to accurately portray your loved one’s wishes. 

Should You Contest the Will?

In most cases, not everyone will be fully satisfied with a Will. Before you go through the process of contesting the Will, consider discussing the circumstances with your family. Contesting a Will can cause other heirs to be unable to access their inheritance until the issues are addressed. This is because the assets will have to go through probate court. You should speak with your lawyer and address your concerns with them before moving to court proceedings. There are a few different reasons that one may contest a Will.

Unfair Distribution of Assets

If you feel that the distribution of assets from a Will was not sufficient, you can attempt to contest the Will. In New York State, a spouse is entitled to at least the first $50,000 in assets. If you are an heir to the deceased and were either not included in the Will or not given as much of the estate as you felt you deserved, you can attempt to contest it.

Looking at the Will Beforehand

If possible, you should ask to see your loved one’s Will before they pass away. Then, any red flags can be addressed. Hopefully, any problem areas can be taken care of before they pass away or become incapacitated. An incapacitated individual may not be able to make changes to their Will without someone acting in their stead, which would have had to have been established previously.

Undue Influence-Impacted Decisions

If you believe that someone influenced your loved one’s decisions to wrongfully distribute their estate, you can use this as grounds for the contesting of a Will. Generally, if another party influenced or guided the decisions of your loved one to write the Will to favor them more, that can be grounds for legal action. An example of this could be a home aide who is somehow included in the Will. However, a family member who acted as a caretaker for your loved one might be favored simply because they were there to provide care. Your lawyer will be able to help you determine whether or not Undue Influence may have occurred.

Drafting the Will Without Testamentary Capacity

After one’s mental faculties have begun to deteriorate, one may not have the testamentary capacity to properly draft a Will. When a person with Dementia, Alzheimer’s, etc. drafts or signs a Will, they may not be fully aware of what it means. Often, this can be paired with Undue Influence. A person who financially abuses an elderly person can utilize their weakened state of mind to coerce them to alter their Will.

Fraudulent Signing

Your loved one may have been convinced to sign a Will that was not written or reviewed by them. A form may have been presented to them by another party, such as another heir, and they signed it without checking what it was for. Always read a document before signing it.

Matthew Funeral Home does not provide legal or financial advice via articles. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for legal or financial advice.
For over 50 years, Matthew Funeral Home has been serving the Staten Island community. We can help with almost every aspect of your loved one’s memorial service. Our family is here to serve yours, every step of the way.

Leave a comment
Name*:
Email:
Comment*:
Please enter the numbers and letters you see in the image. Note that the case of the letters entered matters.

Comments

Please wait

Previous Posts

How Does Cremation Work?

Most people understand that cremation is a process by which the remains of the deceased are burned and converted to ashes. But there are many steps to the process in order to ensure that everything...

What To Do When a Loved One Passes

When a loved one passes, there is going to be a lot of pain and grief. Loved ones will need to be contacted and brought together. But there are also a few practical steps that need to be taken, as ...

Combating Senior Loneliness After the Loss of a Spouse

After the loss of an elderly loved one, their spouse can feel incredibly lonely. After spending a long time with a partner, losing a spouse can be difficult. For many, this is a time of learning to...

Why You Should Consider Cremation

Cremation is a topic that many people may find uncomfortable or difficult to discuss. For a long time, it was not accepted by many major religions, most notably Catholicism. However, it is an impor...

Leaving Your Digital Assets Behind in 2023

The internet has evolved in many ways since the advent of the smartphone. And more people use social media and other websites to express themselves daily. Many elderly individuals have learned how ...

Essential Coping Tools When Dealing With Loss

After the loss of a loved one, you may feel like your whole life is turned upside down. And after dealing with funeral arrangements and families coming in from out of town, it can be hard to pick u...

Supporting a Bereaved Coworker

When a coworker has a death in the family, it can be important to support them during their difficult time. There is no clear-cut or easy way to help someone who is grieving. But lending a supporti...

Processing Anger in Grief

Anger is the second stage of grief, and it is often one of the hardest to deal with. Anger can be a raw emotion, and it is easy to be overwhelmed during your grief. This article will discuss how an...

What Does My Religion Say About Cremation?

Cremation is rapidly becoming more and more popular in America, with a projected over 54% of Americans opting to cremate in 2020. If you or a loved one are considering choosing cremation for your e...

Tips for Pre-Planning Your Funeral

Pre-planning your funeral may seem strange, but it is a practice that can help you and your family in the future. People often see pre-planning a funeral as morbid, similar to how many people feel ...