Being removed from a will is not uncommon. However, it can be a devastating experience when a loved one cuts you out of their will, despite the reason. Along with financial considerations, there is also a sense of betrayal and rejection, especially when a parent cuts a child out of their will. If this occurs to you, you might consider contesting the will so that you’ll receive your fair share of assets. Forbes explains what you can expect from the process and why you want to think hard about whether it’s right for you.
First and foremost, having the assistance of an attorney is urged when contesting a will. This process is rarely cut and dry, and those contesting the will are often subject to harsh questions during the process. An attorney can prepare you for questioning and also help establish your case to be as effective as possible. The deposition can be particularly tough to navigate on your own.
For instance, your relationship with the deceased will be under the microscope. The goal is to establish that you were removed from the will rightfully, which often entails calling into question your character. You may also be painted as uncaring or neglectful in your relationship. Opposing counsel may bring up things like how often you visited the deceased while they were ailing or provide testimony on your tumultuous relationship with the person.
You may also be offered a settlement. The settlement often falls short of the amount you believe you’re entitled to within the will, but many people accept settlements due to the stressful nature of will contests. Your attorney can advise you on whether you should accept the settlement or move forward with litigation.
