How do I go about contesting a Will?
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How do I go about contesting a Will?
My father just passed 2 days ago and I know he has cut me out of the Will. I would like to contest it. What steps do I take for this and who do I contact? Also, are there out of pocket expenses on my behalf or does the estate of the deceased pay for it?
Asked on December 19, 2011 under Estate Planning, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Before you go about hiring a Wills and trust attorney to contest your father's Will, you first need to carefully review it to make sure you are not provided for, but are mentioned in it. If so, you will need to consult with an experienced Wills and trust attorney about your situation.
You need to realize that just because you are your father's son, he has no obligation to leave you any inheritance under the laws of all states in this country. The basis for contesting a Will is for undue influence over the maker of the document, that the document does not comply with state law for a valid Will, or that the maker's signature is a forgery for example.
If you contest the Will, you have to pay for the lawsuit out of your own money.
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