After the death of a loved one, estate administration is something that needs to be done. Although this is a difficult time for the family and friends of the deceased individual, they can ease their mind knowing that their loved one’s estate is planned for. In their will, they have planned for their estate by designating their possessions to certain beneficiaries. If loved ones are suspicious of the will, they have the right to contest the will.
When a will is contested, it must be contested based on a few reasons. If the beneficiary is suspicious due to the deceased’s lack of capacity when creating the will, undue influence, invalid execution of the will or forgery. For these reasons, the beneficiaries can challenge the will to ensure its validity.
What makes a will valid?
In order for a will to be considered valid, it must go through the probate process. During this process, the executor of the will must be in a clear state of mind. They cannot be influenced by another source that is controlling them. The creator of the will should do so at their own accord. They must be in a state of mind that is proven to make reasonable decisions.
When they create their will, it must be in written form and signed by them. Two witnesses must be present to see the signing of the will. This is to prove that the individual was at full capacity and created the guidelines in the will due to their own preferences. After the signing is done, the will can be filed and undergo probate.
Can I modify my will?
As life goes on, people are encountered with different circumstances. They may acquire new possessions that they wish to dole out in their will. They may have new members of the family come into their life. This can also lead to a change in their will. These wills can be a work in progress. As new situations arise, they can be modified. Some people choose to change their will after the death of their spouse, the birth of a child, divorce, adoption, remarriage or even changes in financial circumstances.
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.