How do I go about contesting a Will?

Question Details:

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 12/19/2011 under Wills, Trusts, Probate | 186 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

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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