Three Things To Do When Someone Contests The Will

Build your estate plan online! MyAdvocate is the online solution for creating and maintaining your Will and all other legally-valid estate planning documents. Click the link below to get started!

--

Sometimes someone contests the way an estate is being handled. When you're the executor, what should you do?

The actions of an executor when an estate is contested depends on what is being questioned. Is the validity of the will being questioned? is the interpretation of a provision of the will being argued? Are the post-death actions of the executor coming into question?

Contested estates completely change the ball game. Even though there can be significant red tape in settling an estate, because you're dealing with estate lawyers, heirs, financial institutions and their lawyers, title companies, judges, and courthouse employees, at least you can get things done when all parties are cooperative.

But when you have an uncooperative heir, or someone who formally contests some estate matter, you often wind up with broken and irreparable relationships, with a significant portion of the estate winding up in the hands of the legal system.

Perhaps, but not always, you can avoid lengthy estate disputes by, early in the process, getting all parties on board with open communication and resolution of issues.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney

[SgtBooker]

My mom chose to fix this in advance, she put in her trust, anybody who challenges her final designations, they are treated as if they predeceased her without heirs, ie, they get nothing.

[mkweber]

Thank you thank you thank you! This answered the question I posted to you after the last video of yours that I watched! I appreciate your videos SO much!

[lizg]

I am POA and eventually executer. When Dad passed my Mom and I decided to get a lawyer to make sure ll he affairs were in order as a widow. They did a pour over will etc and he recommended making a statement that if anyone contested the will they get nothing. We used the same lawyer for our planning and he did the same thing.

Thankfully my sons are reasonable and our estate is divided. My Moms estate might be an issue with one person in my family

[lostinmyspace]

A family member, never married, had several homes, including one in California, on the ocean, between LA, and Santa Barbara. She died leaving a will. In that will she stated, "IF ANYONE CONTESTS THIS WILL, YOU GET NOTHING" That in itself shut everyone's mouth, the will stood, and no one said boo. No lawyers involved, no long drawn out distribution period, nothing. Why don't people get smarter, and begin putting that one phrase inside the will? Or do the lawyers want to sort of keep ANY will open ended so they can assure more legal work down the road?

[SherMusician]

I enjoyed this. I'm the contestir and suing for emotional distress. It's going to be a night mare. I have nothing own nothing been kept off my parents farm after mucking their stalls and cleaned their hose like Cinderella. My cop dad just died has a new wife my m died first while putting the will in my and my brothers name as he cheated and had a kid. My brother the executor told me in writing the illegitimate kid was not on the will and I've lost trust as there she is on the will and he knew. My dads horrible new wife screamed at me " I'm not in ur dads will " all caps when I never even brought it up. She's on the will. This will has been altered by my brother. I notice of objection and I'm having him off as executor. I'm in the process of finding every single thing to sue my dad and his estate for on behalf of my mother as well as my own abuse and assault. I have nothing to lose. It can be drained til there's nothing left and no one gets it. I was beyond abused by my narc brother. This is the year of karma

[elysedewyngaert]

2 Executors refused to provide anything. The house was to be sold at year 2 after death, not done. Almost 5 yrs after death, after repeated attempts no receipts, just a spread sheet. Told there was nothing of value.
Executors now decide they want to transfer title to house, while giving themselves a sweetheart deal, below market value.

[Confessions]

I'm so happy I don't have to worry about this.

[bigskyguy]

Good content. I have a couple questions. I have the unfortunate honor of being the executor of my folks' estate. My folks tried to do their due diligence is setting up the estate in a Trust but they neglected to address an issue with a failure-to-launch child (now 46yo). By brother is living in the basement of the family home and has been unemployed for 15 years. His girlfriend recently also moved into the basement. Neither pay rent and at this point, my mother is not well enough to address the issue but does not want me to begin the eviction process. I fully expect the girlfriend to influence my brothers decision making when we settle the estate. I have full authority to defend the estate with the estate assets. If he contests the estate can he legally use the estate assets for his legal fees? Also, would my folks' estate attorney represent me as the executor or should I expect to seek my own representation? I'm aware of the non-contest clause in the Trust but I have a feeling that it doesn't hold much water. Thoughts? suggestions?

[davidpowell]

A family where it was discovered that one child had aggressively sought power of attorney over the widowed parent and had then transferred much of the parent's assets to themself by the time the parent died ? (So that there was little or nothing left of an estate)

[meathead]

Lawyer: The only man in whom ignorance of the law is not punished. Lawsuit: A machine which you go into as a pig and come out of as a sausage. If there were no bad people, there would be no good lawyers.😅 you don't try going out as soon as you can, trying to hire a lawyer as soon as your mother dies, would you. She was just taking to the Funeral Home.

[jrodriguez]

What happen if my parents have both died with different deed type "Tenants in Common" for their house and my dad made a will and appointed my sister as an executor can my sister takes control of my mother half share in the house, jewelries car etc in and we had an unexpected incident when my dad died last wednesday my sister the executor snaps hostile w/ me and doesnt want to include me in the planning of the service also she controls everything that my mother owns in property is being hostile and eliminating me as her eldest sister is this enough grounds to terminate her duty as an executor ?

[schoolinJOO]

My grandpa put the anyone who contests clause in the will and yet a probate lawyer took on an aunts case, and it has been filed in California ? What is the legal remedy in such a case ? furnish the complete will and reference the paragraph and line numbers in which such is communicated thus invalidating the petition ???? the petitioner is challenging the trustee

[kellyrenot]

Is it likely for a judge to not honor the notarized will of a deceased family member whe being contested by an individual who is just more less mad that they didn't get what they wanted?...Thank you!

[davidpowell]

Divorce/step parents and step children/ex spouses important causes for difficult probates and litigation ?

[donthompson]

I'm sitting in front of my parents empty house living in my minivan.disabled court ordered out of the house. My brother the executor was my best friend the past 48yrs.has 2 empty rooms?I was left off the house because I'm disabled. I care gived for both parents and saved the Executor life 5yrs ago.So prob time to contest over a misunderstanding on disability and inheritance

[davidpowell]

Sometimes heirs dispute among themselves ? Sometimes fraudulent "creditors" come out of the woodwork?
Of course the deceased might have legitimate debts that should be paid from the estate or even if petty by the executor ?

[carmenguffey]

my father passed this past dec, he put a life estate in place almost three years ago when my sister stopped talking and returning his calls over a difference, I went to the lawyer and had the life estate deed transferred over after his death, he also had a will done which disinherited my sister, but I cant find what he done to the will, is there anything she can do?

[meathead]

What do you do..😅...you can't do nothing in my state...without a big bank account 😅 i was on top of everything on my birth mom's will, bank account burial insurance I'm supposed to inherit a truck on her will and her step son is in control of everything and I'm settingon the back burner..and the crooked lawyer is helping him and his sister do it and he'll be the only one in charge of the trust fund..😅.. how do you like those apples. 😵‍💫.Oooo and her will is not being properly handled, or her last wishes. And everything is walking off. Being stolen.

[davidpowell]

Someone comes out of the blue with a completely different will that does not resemble the "actual" will and tries to get the "actual" will overturned ?

[blacklizzywithand]

What about destroying Wells that's what my sister did