How a Probate Attorney Argues Against the Validity of a Will
After a death, a probate attorney can represent an executor who has been vested with the responsibility of probating the deceased’s will. The executor’s duty is to manage the assets in the estate until the assets are transferred to their new owners; to notify creditors of the death and of the opportunity to make claims; and to manage the probate process. If there is a challenge to the validity of the deceased’s will, the executor also must argue on behalf of the estate that the will should be enforced.
While many wills are legally valid and are an important reflection of the wishes of the deceased person, unfortunately there are times when there are problems with a will that render it invalid. In such situations, it is extremely important that family members or potential heirs of the deceased come forward and argue against enforcing the will because the will is not actually a true and accurate reflection of what the deceased would have wanted and/or because the will is not fair to legitimate heirs of the deceased.
In any situation where you believe that a will should be contested, you should be represented by a probate attorney who can help you to argue against the validity of the will. Zimmer Law Firm has extensive experience with the probate process and with arguing both for and against the validity of a deceased person’s last will and testament. If you want to challenge a will, give our Sharonville probate attorneys a call as soon as possible so we can begin putting together strong arguments on your behalf.
Arguing Against a Will Being Probated
When someone dies in Sharonville, Ohio or dies in nearby areas, the deceased person’s will may be probated in Hamilton County probate court or in Butler County probate court, as Sharonville spans these two counties. The will is probated in areas where the deceased owned property.
When the probate process begins, the executor files the appropriate paperwork with the court. Those who wish to challenge the validity of the will must come to court and contest the will in a timely manner.
Those who wish to contest a will are going to need to make sound legal arguments to explain why they believe the will shouldn’t be probated. A probate attorney will help to formulate the appropriate arguments and to provide proof of why the will should not be considered valid and probated. Possible arguments could include:
- Claiming the will was created under duress or that the deceased was unduly influenced to change the will. A person must make a will freely, of his own accord, or the will should not be considered a legally valid and enforceable one.
- Claiming that the will was created at a time when the deceased was no longer of sound mind. If the deceased was beginning to lose his mental faculties when the will was created, it may not be a valid reflection of his wishes.
- Claiming the appropriate steps were not taken in the creation of the will, including signing the will in front of witnesses.
These are just a few possible arguments which could be made to contest a will. A probate attorney can provide assistance in determining what legal arguments to make and in putting together the strongest evidence possible for why a will shouldn’t be enforced.
Convincing the court not to consider a will valid is a big endeavor, and you need substantial evidence and sufficient proof in order to show why the will does not reflect the true interests of the deceased person. Having an experienced attorney to help you during this process could make a big difference in whether you are ultimately successful or not.
How a Sharonville Probate Attorney Can Help
As a family member or potential heir, it is very important to protect your deceased friend or relative as well as to protect your rightful interest in money and property owned by the deceased. If you have any reason to suspect a will is not valid and should not be probated, you should take action as soon as possible after the death.
To make sure that you are making the best possible arguments against an invalid will, you want an experienced Sharonville probate attorney on your side. Contact Zimmer Law Firm today at 513.721.1513 to speak with a member of our legal team and to learn more about how we can assist you in fighting against the enforcement of a will that you don’t believe is valid.