As you know, there are few things more important in terms of estate planning than creating a valid and enforceable will. As long as you do so, your executor, or personal representative, will work to administer the estate. When you pass away, the executor will take charge and work to ensure your assets are passed down to beneficiaries as you would have intended. However, if there are any discrepancies, you may enter the estate litigation process, wherein a beneficiary or another party will contest the validity of the will. Continue reading and reach out to our Montgomery County estate administration attorneys to learn more about contesting wills and how our firm can help. Here are some of the questions you may have:
What is a purpose of a will?
Wills are created for a variety of reasons, though the primary purpose of a will is to ensure that an individual’s assets are distributed according to their wishes. The individual will appoint beneficiaries, trustees, executors, and more, and these people are all responsible for ensuring the decedent’s wishes are fulfilled according to his or her will. That being said, when the executor, or personal representative handles the administration process, he or she is responsible for ensuring everything goes according to plan. However, there are times where beneficiaries or other involved parties believe that the executor has failed to perform his/her duties correctly, or that the will is invalid in some way, in which case they may contest the will.
Why would someone contest a will?
If you are someone who believes either that the executor of your loved one’s estate is improperly performing his or her duties, you may enter the estate litigation process in an effort to have him or her removed from this position so the remainder of the process can work as it should. However, if you believe that your loved one’s will is invalid in some way, you may also contest a will on those grounds. For example, if the individual was under the age of 18 or was incapacitated at the time of writing his or her will, it is considered invalid. Additionally, if you believe that the contents of the will were affected by bribery, coercion, threat, or that your loved one was otherwise unable to write his or her will according to his or her wishes, you may have grounds to contest the will. For any further questions regarding estate litigation, do not hesitate to turn to our Maryland estate administration attorneys today.
Contact our experienced Montgomery County, Maryland firm
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.