Just What Goes In To Defending a Will Contest Anyway?

As an executor involved in a will contest, you will need to help.

Anytime someone is left out of a will, there is a possibility for a will contest.

On what grounds?

There are two primary reasons: lack of capacity and undue influence.

If you do find yourself defending a contested will, there are some things you need to know and certain steps you will need to follow, according to the article in The National Law Review titled “Defending a Will Contest.”

What exactly?

Contact the attorney who drafted the final will.

Why?

The estate planning attorney will be a key witness for your case.

Hire a second attorney.

As a key witness, the estate planning attorney cannot be the solo legal representation for the will.

You could hire another attorney within the same firm or from a separate firm.

Do not know where to begin?

Ask for recommendations from the attorney who drafted the will. He or she should be able to make a solid recommendation.

Set aside money.

If you, as the executor, are found to be at fault, you must pay the legal fees for defending the will.

If the court decides in your favor, these fees will be paid from the estate.

Gather documents and witnesses.

After your attorney answers the plaintiff's complaint, you must get to work on building your defense.

But how?

First, secure witnesses and expert testimony.

Start with doctors, friends, family and the witnesses to the signing of the will. Be certain these individuals can testify regarding the mental capability of the willmaker.

Next, compile documents and files regarding the assets of the estate, financial records or relevant medical records.

Having completed these steps, you should be prepared for the will contest.

Obviously, will contests are not ideal.

They prolong the probate process and can drain an estate.

Can they be avoided?

Indeed.

To greatly improve the odds against a will contest for your own estate, work with an experienced estate planning attorney rather than an online will generator.

Your attorney can also help you record your reasons for your decisions and facilitate a conversation with your family—both heirs and non-heirs—to preempt any confusion or hard feelings.

So, how do you find an "experienced" estate planning attorney?

First, ask around. Friends, family and other professional advisors are trustworthy sources.

Second, conduct an "organic" search on "Google" for "estate planning" near you (e.g., "Estate Planning Anytown MoKan").

Third, either way, verify! Check out the education, experience, ratings and client reviews of any attorney before you contact him or her.

How?

Two helpful online resources are just a mouse click away to assist with your due diligence:  Avvo.com and Lawyers.com.

Check any Avvo ratings, client ratings/testimonials and attorney endorsements on Avvo.com and any "peer ratings" by judges/other attorneys and any client ratings/testimonials on Lawyers.com.

In fact, I use both of these services to thoroughly vett attorneys before referring members of our "client" family for legal help in other areas of law or for matters in jurisdictions outside Kansas or Missouri.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: The National Law Review (July 15, 2016) “Defending a Will Contest”