We have all seen movies or news stories where major legal battles erupt after someone passes away. It is sad, but true: you genuinely do not know someone until you share an inheritance with them. It is common for family members who had little contact with the deceased to come forward seeking a bigger share. Equally common are situations where caregivers or family members have pressured the deceased to make last-minute changes to their documents. Legally, there is often an attorney willing to take the case, usually on a contingency basis, so the family member has little to lose by going to court.

There are a few parties who may be able to contest an estate depending on the circumstances. First are beneficiaries: anyone set to inherit from your Will may contest it if they think the estate documents are invalid or that they were unfairly left out. Second are family members: relatives who were not included in the documents may be able to contest them, especially if they were dependents or were promised an inheritance. Third are creditors: if you owed money to someone at the time of your death and they believe the documents do not provide for the repayment of that debt, they might contest it.

Contesting a Will can be a complicated and expensive process, and not all challenges are successful. It is a good idea to work with an experienced estate-planning attorney to ensure that your plan is as legally sound as possible to help minimize the risk of challenges.

Call Kimberly Browning or Robert Steinberg to set up your Blue Chip Estate Planning consultation at (248) 873-3244.