Each state has its laws and practices when it comes to will dispute. Family courts have jurisdiction over these matters in some states, while they handle marital disputes in others. Due to these differences in law, many will dispute that lawyers disagree with each other about the right course of action. This is why so many people choose to deal with their will disputes outside of court or private mediation. Here are the seven things you will need to know about will dispute.
1. A Will Is a Legal Document
A Will is a legal document that usually names an executor and directs how your assets will be distributed after you die. You can write a will in any language, but it is most commonly written in English. Most people use a will to distribute their assets should they pass away without leaving a valid last will. A will can be used to leave money and property to family members or leave it to charity or the government, or even to create a trust fund for yourself. For one person to inherit from another person, there must be two sets of wills: the first set has been executed by both parties; the second set has been performed by only one party.
2. Why Do People Dispute a Will?
When a person dies, the last thing on their mind is to leave behind a will. The only thing they really want to do is to ensure that their loved ones are taken care of and protected. If you want to make sure that your family members will be taken care of after your death, then you must get ready for the possibility of having a legal dispute over the contents of your will. People have disputes over wills because there can be multiple reasons why someone may have left out something in their will or did not include certain items in their will.
3. Will Disputes Frequently Occur in the Family Law Field
Will disputes are often initiated by beneficiaries who do not want to give up their rights? In such cases, beneficiaries will claim they were unaware of the probate process when they signed the will or codicil. This can lead to a dispute because it is challenging for beneficiaries to prove they knew what they were doing when they signed the will or codicil.
In addition, beneficiaries may argue that there was fraud in drafting the will or codicil because they did not receive any financial benefits from their parent’s estate. They may claim that they were unaware of this fact until after their parent’s death and, therefore, cannot be held liable for any wrongdoing. This can lead to a very contentious case where both parties may have valid points, but neither can prove that their opponent committed fraud during the drafting process.
4. Will Dispute Lawyers Can Help
These professionals can ensure that the will is executed correctly without any mistakes. A professional will dispute lawyer can take care of all legal aspects involved in creating a will, which includes drafting the document and creating trusts and powers of attorney. A will dispute lawyer can help you draft a valid and legally binding document to ensure your wishes are respected after death. These lawyers are also experienced in dealing with complex family situations, such as inheritance or property ownership disputes.
5. Who Is the Successor?
The successor is the person who takes over the business after the death of its owner. The heir takes over after a person dies. The executor is the person who holds the deceased’s property and manages it until probate or administration has been completed. It is important to note that there can be more than one successor. For example, if there are two children in a family, one would be considered the successor while the other would be an heir.
6. Most Wills Are Written to the Living Only
The person who dies without making a will has no legal right to make one, and the law doesn’t allow someone who has not left a valid will to disinherit their children or other heirs.
If you don’t have a will, your property goes to your closest living relative. This could be your spouse or partner, children, parents or siblings. If there are no relatives, then the property passes to someone else who is alive at the time of death.
7. Will Dispute Laws Vary by State
Most states have a law allowing the executor of a person’s will to contest the will’s validity. The executor can do so in most states by filing a petition for probate with the court. The court will then get to determine whether or not the will is valid and enforceable. However, some states do not allow this challenge, and others have more restrictive laws regarding how you can challenge a will.
Generally, filing a claim for a will dispute is more of an annoyance than anything. It’s not only because you have to deal with a stressful situation that you have to address issues concerning your will, but also because your heirs can easily object to your will as it is. Filing a will dispute is a process that you should look forward to, and it is the perfect way for them to know your wishes and what the law states.