When a loved one creates a will, it is with the idea in mind their death will result in the specifics outlined in the will. Your loved one might discuss where he or she would like their tangible belongings to go, where they’d like their finances to go, and how they want their assets dispersed upon death. Unfortunately, the dying wishes of loved ones are not always respected or appreciated by the living, which results in some people wanting to contest a will.
If you feel your loved one was not of sound mind when creating the will, if you feel they were coerced into making changes to the will prior to their death, or you’re simply unhappy with what you’re getting from an estate, you can contest a will. If you’re like many people, you want to know the answer to one simple question. How much does it cost to contest a will?
How to Contest a Will
Contesting a will is not as simple as disagreeing with the terms outlined in the paperwork. You must have grounds to contest. Ask yourself if one of the following applies to the will in question.
– Lack of valid execution
– Lack of knowledge and approval
– Undue influence
– Rectification and construction claims
– Testamentary capacity
If one of the above is a problem you’re facing, you have grounds to contest a will. You must also be a beneficiary named in the will or you were named in the deceased prior will and this one is all new to you. If you’re not one or the other, you have no legal grounds to contest the will.
Call an Attorney
If you want to contest a will, you need to know what you can contest, how long you have to contest the will, how long it will take, and what you need to prove your case. An attorney can help with this, and your attorney can answer your most important questions. What does it cost to contest a will? That’s one of the most important questions you should ask when you speak to an attorney upon deciding to contest.
Contesting a Will How Much Does it Cost
There is no specific answer regarding how much it costs to contest a will. The total cost of this action is dependent on several factors, and it can cost into the thousands of dollars by the time it’s said and done. Any legal action is expensive, and there are a few considerations to make prior to contesting a will. The first is that the court gets to decide how much this is going to cost, and the second is that the court might decide the party that loses is responsible for paying the cost of the litigation necessary to contest a will.
In general, the cost of contesting the will of a deceased loved one can cost anywhere from $10,000 to $50,000. This price includes the cost of retaining an attorney, court fees, legal fees, and other fees associated with taking the time of the court to handle this specific problem. Contesting a will is a long, drawn-out process that can take anywhere from a year to several years depending on the size of the deceased’s estate and the financial standing of the client.
It can also cost a lot more to contest a will if it’s one that includes a business, a lot of profit, and a lot of money. If it takes longer than a year or 18-months, it only adds to the overall cost of the process. Contesting a will is not an inexpensive process. It’s often the catalyst that determines whether one party wants to proceed or not. It’s important to know this so you can decide if this legal battle is worth the money it costs to handle.