When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
When a loved one dies, the battle over inheritance can sometimes be complex, especially if you feel like you need to contest the will. You will not want to contest the will without the help of an inheritance attorney.
Determine If You Can Contest the Will
If you are left out of the will, you may wonder if you have the right to contest it at all. If you are a family member by blood or by marriage, you may be allowed to contest the will. Also, if there are unfulfilled obligations, you may be able to use these as an excuse to contest the will. For example, if you are owed a debt or if there is an unfulfilled promise from the deceased, this may be used as a justification to contest the will.
If you are a named beneficiary, you have the right to contest a will even if you are not related to the deceased. For example, the executor might refuse to pay what is owed to you, and you will have the right to make a claim. Even if you were named in a previous will, you may be able to contest the current will if you believe that there was foul play that leads to you being removed from the will.
Also, if you are considered to be dependant on the deceased, you may be able to contest the will. This can apply if you are under the care of the deceased because you are disabled. If you are not sure whether you have the right to contest the will, make sure to speak with an inheritance attorney.
How to Contest the Will
Your attorney will go over your options for how you may contest the will. You may be able to argue that the will is a fraud and question those who observed the signing of the will. For example, you may point out that a notary has a conflict of interest.
You might also question the mental capacity of the deceased at the time that the will was being signed. However, you will have to prove more than simply that your loved one had psychological problems. You must prove that:
With the help of an attorney, you can gather the evidence necessary to prove your case.