Probate can be a complex and often stressful process, especially when there is a dispute over a loved one's will. One common question that arises during this time is whether a will can be contested after probate has started. The short answer is yes, but there are certain requirements that must be met. In this blog post, we'll explore what you need to know about contesting a will after probate has started and provide practical tips to help you navigate this process.
Understanding the Probate Process
Before we dive into the specifics of contesting a will after probate has started, it's important to have a basic understanding of the probate process. Probate is the legal process that occurs after someone dies to transfer their assets to their heirs or beneficiaries. During probate, a court will oversee the distribution of assets, pay off debts, and ensure that all legal requirements are met. If the deceased person had a will, the court will use this document to guide the distribution of assets. If there is no will, the court will use state law to determine who inherits the assets.
Can a Will Be Contested After Probate Has Started?
Now, let's get to the heart of the matter: can a will be contested after probate has started? The answer is yes, but it's not easy. Once probate has started, the court assumes that the will is valid and will generally not entertain challenges to its validity. However, there are some exceptions to this rule. If new evidence comes to light that shows the will is invalid, or if there is evidence of fraud or undue influence, it may be possible to contest the will even after probate has started. Additionally, if the executor of the will is not fulfilling their duties or is acting unlawfully, it may be possible to challenge their actions in court.
Tips for Contesting a Will After Probate Has Started
If you believe that a will should be contested after probate has started, there are a few things you can do to increase your chances of success. First, gather as much evidence as possible to support your claim. This may include witness statements, medical records, or financial documents. Second, consult with an experienced probate attorney who can advise you on the best course of action. They can help you determine if you have a strong case and can guide you through the legal process. Finally, be prepared for a long and potentially costly legal battle. Contesting a will after probate has started is not easy, but it may be worth it if you believe that the will is invalid.
Contact Novick & Associates, PC for Help
At Novick & Associates, PC, we understand that contesting a will after probate has started can be a difficult and emotional process. That's why we're here to help. Our experienced probate attorneys can guide you through the legal process and fight for your rights. Contact us today to schedule a consultation. We're here to help you get the justice you deserve.
We are one of the leading estate litigation firms in New York. Call (631) 547-0300 or contact us today for the representation that you deserve!