Whether you expect a loved one’s death or it happens out of the blue, a will can provide some stability in these times of grief. But other times, they can be the source of complications. If you suspect someone is exploiting a last will and testament or believe that the will is fraudulent or unfair, you may need to litigate.
Having the right resources is key, but there are a number of hurdles that you may need to cross. Forbes outlines a few of the expectations this kind of estate litigation requires.
The emotional aspect
Litigation can be a gauntlet on the best of days, but estate litigation often involves family, grief, and heartache. When a loved one dies, your family deserves what justice and resolution they can get — but fighting for it can drain you. There may be a lot of he-said/she-said arguments and you may find yourself deposed and accused by the other side.
The financial aspect
There may be property, money, or other sentimental assets tied up in a contested will. In order to contest it, you may need money in the first place. Some attorneys may take up your case on a contingency fee (where they get paid once you do) where others may not.
Will contests are often about closure. An attorney may have you on a strict timeline to ensure all contest filing gets submitted within the right windows — and after all that, the case may end in a settlement or go all the way to your day in court. Making sure you know what to expect, what resources you have, and who you can trust can mean all the difference.