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5001 Seminary Road, Suite 110
Alexandria, VA 22311
The last will and testament provide for the distribution of an individual’s estate upon their passing. However, these documents are not entirely binding, and if certain circumstances occur, either a provision of the will or the will in its entirety may be challenged.
When discussing probate litigation, it is important to overview the probate process. Probate is the term used to describe the process through which the last will and testament of a deceased person is recognized, and the process of arranging their affairs begins. An administrator will be appointed who will oversee the assets and debts left behind by the deceased.
The litigation process begins when an individual challenges either a provision of the will, the appointment of an administrator, or the entirety of the will. Common litigation includes an area such as:
- Lack of mental capacity;
- Improper signing of the will;
- Duress; and
- Undue influence.
Each of these instances refers to a portion of or the entirety of the will be void due to circumstances surrounding the deceased. The will is invalid if the deceased did not create it or any of its provisions of his or her own volition, without outside pressure or diminished mental capabilities.
Challenging the will of the deceased does not have an unlimited time frame. As soon as the creator of the will has passed away, a challenge to the will may be issued. This must be filed before the first hearing for probate petition, during which the court discusses whether the will is, in fact, valid. If the will has already been deemed valid by a probate court, it is still possible to file a petition to revoke will probate up to 120 days after the date of the hearing.
Probate lawyers in Maryland
If you have questions about estate planning, contact the attorneys at Kamerow Law Firm. Our legal professionals have years of experience assisting clients with a variety of their estate planning needs.
If you find yourself in need of probate assistance, contact us online or give us a call at 703-370-8088. We get involved with our clients’ probate issues and are available every step of the way.