How long do you have to contest a Will?

Under KS law.

Asked on September 20, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that must be arising to have you write this question.  Please double check the information her with an attorney in Kansas.  First, you need to have the ability (called standing) to contest a Will.  Under Kansas law, the following persons have the right to oppose the probate of a testator’s Will: any heir (person who would benefit under the Kansas intestate succession laws) or a devisee or legatee (any beneficiary named in the testator’s Last Will). I can not find a specific time limit to contest but you can do so before the Will is admitted to probate (so when you receive notice of the intent to offer it in to probate) until Letters Testamentary are actually given.  The time frame for that differs depending on the size of the estate and how good the attorneys are at putting together the paperwork.  So as soon as you get the notice file an objection to probate (Will contest). When contested, the court will require testimony of at least two of the subscribing witnesses either in person, by affidavit or by deposition. The court may admit the testimony of other witnesses to prove whether the testator had capacity and whether the Will was executed properly. An objection to the probate of a the Will may also be filed after probate has been granted.. This is done by way of an appeal against the order admitting the Will to probate. The appeal must be taken within 30 days from the date of entry of the probate order. Usually the grounds for challenging a Will include: Lack of testamentary capacity; Fraud, coercion, duress or undue influence; Execution requirements not complied with. Also make sure that there is not a no-contest clause in the Will.  Speak with a lawyer.  Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.