How do I Contest a Will?

Elder Law includes estate planning and making sure that your wishes and desires are carried out. One of the key documents that sets out your desires is your Will. When you pass, your Will is submitted to the Probate Court, a personal representative is appointed, and the the terms of your Will are carried out. The problem occurs, however, when an heir wants to challenge your Will. The grounds for challenging your Will are typically:

1. Undue Influence: Someone has had such an influence on you that your own desires set forth in your Will are theirs and not yours.

2. Lack of Competency: You lacked the fundamental knowledge of what your assets were, who your heirs were, and what you were doing at the time you executed your Will.

3. Improper Execution: Their was and is a technical flaw in your Will that keeps it from being valid.

When you use an online will for your Will, these issues become even more pronounced as their is no neutral third party (your attorney) to verify that these things were done properly and without undue influence.

If you have any questions, please visit my website at http://www.attorneydrew.com

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