When creating a comprehensive estate plan, there are few things more important than creating a valid and enforceable will. When this is done, your executor or personal representative will work to administer the estate. The executor will take charge by ensuring your assets are passed on to beneficiaries as you would have intended when you pass. However, if there are discrepancies, you may enter the estate litigation process. During this process, a beneficiary or other party will contest the validity of the will.
What is a purpose of a will?
The reason for creating a will is to ensure that an individual’s assets are distributed according to their owner’s wishes. The individual will appoint trustees, executors, beneficiaries, and more. Each of these individuals will be responsible for ensuring the decedent’s wishes are fulfilled.
When the executor handles the administration process, they are responsible for ensuring that this process goes according to plan. However, this is not always the case. There are times where beneficiaries or other involved parties believe that the executor has failed to perform their duties or that the will is invalid. This may result in the will being contested.
Why would someone contest a will?
You may enter the estate litigation process in an effect to have the executor of your loved one’s estate removed from this position if you believe that they are improperly performing their duties. If you believe that your loved one’s will is invalid in any way, you may also contest a will on those grounds.
If the individual was under the age of 19 or was incapacitated at the time of the writing of their will, it is considered invalid. If you believe that the contents of the will were affected by coercion, threats, or bribery, or that your loved one was unable to write their will according to their wishes, you may also have grounds to contest the will.
If you have any further questions regarding contesting a will, do not hesitate to turn to our Maryland estate administration attorneys today. Our legal team is prepared to assist you with your estate planning matters. Give our firm a call today to learn more about our services and how we can assist you.
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The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.