Contesting A Will – Understand Your Rights

It's normal to have reservations or suspicions about a will. As such, it's essential to be aware of what you should know about contesting a will.

Recommend This Page
Contesting A Will – Understand Your Rights
2 Min Read September 8th, 2021

Few wills get contested in the United States; it is estimated that between 0.5% and 3% of wills get contested. Given the fact that millions of wills get probated every year, this is a substantial number. 

Most states only allow "interested parties" to contest a will in probate court. Generally, this is considered anyone who is impacted by the outcome of the probate proceedings.

Many people find it disrespectful to contest a will, but it's far more common than you would expect. There are plenty of factors to consider, whether you suspect fraud, forgery, or coercion during the making of the will. There are many valid and understandable reasons to question the legitimacy of documents, making it essential to be aware of what you should know about contesting a will.

Ensure You Have Standing to Contest

Before anything, you need to look at your relevance to the situation. Typically, an individual's will concerns the immediate family and other close relatives and friends. In these documents, the deceased names their heirs and what property goes to whom. If there is a reasonable expectation that you should receive something but don't, it is in your best interest to bring up these concerns.

Know the Original Intent of the Will

Previous documents, such as estate planning, inform the intent of the will. It allows officials to track the reasoning behind the deceased's decisions and can lead to identifying discrepancies. One of the best ways to protect the inheritors is to establish an estate plan before a loved one passes on. An estate plan ensures that there are no complications or questions about the dissemination of property and other assets.

Communicate With Family About Your Concerns

Tensions can rise quickly during a will contest; it's natural due to the emotions present after losing a loved one. Family members can see any questioning during this time as disrespectful or greedy. It's critical to clearly voice your concerns with the document and explain any suspicions regarding potential interference. Any reasonable discrepancy is worth investigating to ensure no one gets taken advantage of.

Properly File a Will Contest

It's essential you know how to file a will contest properly; failing to file your claim correctly can result in the dismissal of the contest. In the worst-case scenario, this can bar you from filing another claim on the will, locking you out of any investigative recourse. Always turn to professionals to properly draft and file your claims to ensure the highest probability of success.

Always Seek Professional Help

Getting professional assistance is essential when filing a claim, but during every phase of the contest, you need to be in contact with legal professionals. The layperson will not be able to navigate the legal terrain required to file and fight a claim successfully. Be aware of what you need to know about a will contest claim before you get the proceedings going; doing so will only benefit you and eliminate the chances of failure.

Recommend This Page

About the Author

Mallory Knee is a freelance writer for multiple online publications where she can showcase her affinity for all things beauty and fashion. She particularly enjoys writing for communities of passionate women who come together for a shared interest and empower one another in the process. In her free time, you can find Mallory trying a fun new dinner recipe, practicing calligraphy, or hanging out with her family.

LTC News Contributor Mallory Knee

Mallory Knee

Contributor since September 25th, 2020

Editor's Note

One of the biggest expenses an estate will pay for when someone is living is the costs that come with long-term health care. Declining health and aging cause many people to need help with daily activities or supervision due to declining memory.

The costs are expensive and get more costly every year. For example, in the Phoenix area, three years of in-home care, based on today's average costs, would run about $170,000. Three years of base assisted living would run, on average, $138,000 (sur-charges will add to that cost depending on the amount of services required). Just five years of care, in today's dollars, can run over $308,000.

Now fast forward 25 years, the same amount of long-term health is expected to cost more than $686,000 - Arizona Long-Term Care | LTC News.

Find the current and future cost of long-term health care where you live - Cost of Care Calculator - Choose Your State | LTC News.

Affordable Long-Term Care Insurance will provide the guaranteed tax-free benefits to access your choice of quality care in any setting, including at home. However, you must have fairly good health to obtain coverage, so be sure to act soon, ideally in your 40s or 50s.

Planning Tools Available on LTC NEWS

You can compare the major insurance companies that offer Long-Term Care Insurance products here - Top Insurers for Long-Term Care Insurance | LTC News.

The Ultimate Long-Term Care Guide is an outstanding read to help you get a good overview of the topic area. There are also available tax incentives. See if these tax incentives are helpful - Long-Term Care Tax Benefits Guide.

Find all the resources on LTC NEWS - Resources for Long-Term Care Planning | LTC News.

Shared Links

LTC NEWS offers a 'helpful links' page so readers looking for additional information can find them easily. You can get a dofollow link to your website on LTC NEWS in exchange for a dofollow link on your site.

Let's work together and help consumers who search for us on the web - Site Request | LTC News.

Share News with LTC NEWS

Include LTC NEWS in your press release distribution. If your group, organization, business, political committee, etc., have news to share, send it to LTC NEWS. Email - newsroom@ltcnews.com 

LTC NEWS – An Affordable Marketing and Advertising Partner

You may need a more aggressive advertising message for your business or service. There are many options available with LTC NEWS. Traditional advertising, sponsored content articles, and strategic alliances are available. 

Drive traffic to your website and find the people interested in your products and services by using LTC NEWS. Plus, you can improve your website's SEO so more consumers can find you when they search for your services.

Learn more about how LTC NEWS can help you market your business, drive traffic, and improve SEO - Advertise With Us | LTC News.

Share Your Knowledge - Be A Guest Contributor for LTC NEWS

There is a big audience on LTC NEWS waiting for you to share your knowledge with them. You and your company or website have enormous benefits when you get an article published on LTC NEWS.

Improve your website or blog's SEO and gain exposure and traffic at the same time by being a contributor to LTC NEWS.

Just write a story or ongoing column for LTC NEWS. Stay on topic with articles on health, aging, caregiving, retirement planning, long-term care, and other topics that interest adults over age 40. 

You can even promote yourself, your business, and your website or blog. However, it must have editorial content exclusive for LTC NEWS and cannot be just an advertisement. It can include links to other sites, and you can share the article link once published on your website or social media.

Email your story idea or article: newsroom@ltcnews.com - LTC News Contributors | LTC News

Benefits of Reverse Mortgages

There are many people today that have much of their savings invested in their home. With today's reverse mortgages, you can use the money in your home to fund a Long-Term Care Insurance policy, add retirement income, or even pay for in-home care if you need care now. 

Learn more now - Reverse Mortgages | LTC News.

Looking for Quality Caregivers? Need Help Filing an LTC Insurance Claim?

If a loved one already needs in-home care or owns a Long-Term Care Insurance policy and needs assistance filing the claim, LTC NEWS is here to help.

LTC NEWS provides free assistance with no obligation - Filing a Long-Term Care Insurance Claim | LTC News. You can also help find caregivers and get recommendations for a proper care plan, whether a person has a policy or not.

LTC News Trusted & Verified

Work With a Trusted Specialist

Get Accurate Long-Term Care Insurance Quotes

  • Has substantial experience in Long-Term Care Insurance
  • Strong understanding of underwriting, policy design, and claims experience
  • Represents all or most of all the leading insurance companies
man and woman sitting at desk
Latest
  • Latest

  • Oldest

Everything
  • Homecare

  • Health

  • Government

  • Care Facilities

  • Pets

  • People

  • Lifestyle

  • Insurance

No Results

Step 1 of 4

Find a Specialist

Get Started Today

Trusted & Verified Specialists

Work with a trusted Long-Term Care Insurance Specialist Today

  • Has substantial experience in Long-Term Care Insurance
  • A strong understanding of underwriting, policy design, and claims experience
  • Represents all or most of all the leading insurance companies

LTC News Trusted & Verified

Compare Insurers

+