The purpose of creating a will is to ensure that an individual’s assets are distributed according to their wishes when they pass on. The will is also used to appoint trustees, executors, beneficiaries, and more, all of whom will be responsible for ensuring the decedent’s wishes are fulfilled. With that being said, this will must be not only made valid and enforceable but also that the executor handles the administration process appropriately. Otherwise, these problems will give a valid reason for a beneficiary, an heir, or another involved party to contest the will. If you believe an executor has failed to perform their duties or that the will is invalid, read on to discover the deadline you must meet to contest a will in Maryland and how a seasoned Montgomery County will drafting attorney at JDKatz, P.C. can help you in the filing process.
What is the deadline to contest a will in Maryland?
Typically, a caveat proceeding to challenge a will must be filed no later than six months from opening an estate. This is a much shorter deadline than any other legal proceeding, so overall, it is in your best interest to file as soon as you suspect a problem. This time limit can easily be met with the assistance of a competent Montgomery County estate planning attorney.
What are some problems that give reason to contest a will in Maryland?
As mentioned above, you may enter the estate litigation process to contest a will if you have valid grounds to believe the executor of the will is improperly performing their duties or if the will was invalid in any way.
More specifically, it is appropriate to contest a will in the state of Maryland for any of the following reasons:
- The decedent was 18 years of age or younger when they wrote the will.
- The decedent was incapacitated when they wrote the will.
- The decedent was influenced by coercion, threats, bribery, or otherwise fraud when they wrote the will.
- There were insufficient or inappropriate witnesses when the decedent wrote the will.
- There were unclear provisions of the will.
- There is an existence of a later valid will.
Nonetheless, our legal team is ready and able to assist you with the filing process ahead, so do not hesitate in giving us a call.
Contact our experienced Maryland firm
Our firm has experience with matters of estates & elder law, business law, tax law, and litigation. Contact JD Katz, PC today for assistance.