Best Strategies in Objecting to a Will in Westchester County
If you believe a loved one’s will has some sort of issue, you may be wondering what you can do about it. Contesting a will is something that no one wants to have to do, but sometimes it is necessary and you need to hire a Westchester estate attorney to help you.
There are many different ways to overturn a will, though they do involve gathering and presenting a lot of evidence. Simply having a will not be fair to someone is not enough to have it overturned, such as when a parent cuts off a child. There needs to be more evidence to show something such as a technical error with the will or that the person making the will did not do so freely or was not capable somehow.
As far as technical issues are concerned, one of the main ones that are used to have a will overturned is that the will was not executed properly. This would mean that some of the components needed to have a will be valid, such as being signed in front of two witnesses, would need to be in place. Other technical issues could include that the will was replaced by a later will, but evidence of the later will would have to be provided. Finally, forgery would be another technical error that could get a will overturned, with evidence showing that the testator did not actually sign the will, of course, such as with handwriting analysis showing that it was not the testator’s signature.
Other issues that could be used to overturn a will would be when it comes to the ability of the testator to make a will. One example would be if the testator was not mentally capable of making a will, such as if they were in the later stages of Alzheimer’s. Another would be if there was pressure put on that person to sign a will. This can happen in two ways. One would be if there was undue influence on the testator, such as if someone used manipulation to convince the testator to change the will. Another way to get an overturned is if it can be shown that someone used threats or intimidation to get the testator to change the will. Finally, if there was fraud of some sort, such as if someone tricked the testator into signing a will without them knowing, it could be overturned. Many times the key to winning these types of cases would come down to determining what someone’s health was at the time the will was signed, along with other evidence that may have shown that someone was putting pressure on them to sign somehow.
First step whenever you believe there is something wrong with a will is to hire a Westchester estate attorney. Sometimes there can be a combination of problems when it comes to a will, meaning that there is all sorts of evidence that needs to be gathered and witnesses that need to be interviewed. Overturning a will is a complicated matter that you should not try to attempt on your own, call a Westchester estate attorney today.
If you are an thinking of challenging a will, and are looking for an estate attorney in Westchester County, call the Law Offices of Albert Gurevich at (914) 293-2043.