Although contesting a trust or will can be overwhelming, following the steps mentioned below can guarantee a win. An experienced probate attorney usually undertakes all these steps and can file a petition for you in court. Let’s take a detailed look:

Determine The Validity Of Seeking Or Contesting

The first step is asking about the motive of the contest. You might think that you deserve more inheritance or you suspect some foul play in the recent changes to the decedent’s trust or will. If your motive falls under the first category, then your reason for the contest is invalid. However, if you fall in the second category, you may proceed to the following step.

Estimate If You Have A Proper Reason For Taking Legal Action

In this step, you need to determine whether a financial stake is involved in the case outcome. The trust or will you are contesting might be offering you less than what you would receive on invalidation of the trust. 

Discuss Your Proposes Trust or Will Contest With Others

If you suspect misconduct in trust creation and execution, then there will be multiple beneficiaries or heirs who can strengthen your case by joining your contest. It would help if you could have discussed this with other parties who might have been affected by the will or trust document.

Compile Evidence & Seek Legal Help

If this is your first time dealing with the complicated areas of trusts and wills, the lawyers at  Johnson May can guide you toward the right course of action. You need to provide them with a copy of the will or trust. Alternatively, your lawyer can assist you in attaining one. Your lawyer will help find and gather evidence that can back up your claims of the will or trust being invalid. You might have the previous version of the decedent’s will that is different than the current one. 

It would help if you could find someone to testify in your favor that the changes made to the will were fraudulent or under the influence. It is also essential to gather the decedent’s medical records as it will help establish whether the decedent was in a sound state of mind during the execution of the will or trust. 

Conclusion

Legal terms can be complicated for everyday people to interpret. Probate law is complicated as a no-contest clause might be built into the document. These clauses can be challenging to enforce in court increasing the possibility of losing your contest. But coupled with the guidance of an experienced probate attorney, you can maximize your chances of winning.