Abogados de Will Contests

Will Contests Lawyers in the United States

A will contest is a legal challenge to the validity of a deceased person's will. These disputes often arise among family members who believe the will doesn't reflect the true wishes of the person who died. Will contests are among the most emotionally charged cases in probate court, and they carry strict deadlines that vary by jurisdiction.

What Will Contest Law Covers

Will contest law deals with challenges to a will's legitimacy based on specific legal grounds. The most common basis is undue influence — where someone pressured or manipulated the deceased into changing their will. Other grounds include lack of testamentary capacity, meaning the person didn't understand what they were signing.

Contests can also be based on fraud, improper execution of the document, or the existence of a newer will that supersedes the one submitted to probate. Some cases involve forgery or claims that the testator revoked the will before death. Studies show that roughly 3% of wills admitted to probate face some form of contest.

When to Hire a Will Contest Lawyer

• You suspect a family member or caregiver manipulated the deceased into changing their will shortly before death
• The deceased showed signs of dementia or cognitive decline when the will was created
• The will was signed without proper witnesses or notarization as required by state law
• A newer version of the will has surfaced that contradicts the one filed with the probate court
• You were unexpectedly disinherited under circumstances that seem suspicious

How the Will Contest Process Works

The process begins with filing a petition in probate court within the statutory deadline. Most states impose a window of just 30 to 120 days after the will is admitted to probate. Missing this deadline usually bars your claim permanently.

After filing, both sides exchange evidence through discovery, which may include medical records, financial documents, and depositions of witnesses. Many will contests settle before trial — estimates suggest around 60-70% resolve through negotiation or mediation. Cases that go to trial can take one to three years to reach a final ruling.

How Financial Outcomes Are Determined

• Intestate share — if the will is invalidated entirely, assets pass according to state intestacy laws, which typically prioritize spouses and children
• Prior will terms — a successful contest may reinstate an earlier version of the will, redistributing assets according to that document
• Settlement agreements — parties often negotiate a redistribution of assets outside court, which can result in lump-sum payments or transfers of specific property
• No-contest clause impact — some wills include in terrorem clauses that disinherit anyone who challenges the will, though many states refuse to enforce these if the contestant had probable cause

Frequently Asked Questions

Who has legal standing to contest a will?

Only interested parties can file a contest. This generally means people who would inherit under a prior will or through intestacy laws if no valid will existed. Distant relatives or friends typically lack standing unless they were named in a previous version of the will.

Can a will be contested after probate is closed?

In most jurisdictions, no. Once the probate court issues a final order and the estate is distributed, reopening the case becomes extremely difficult. Exceptions exist in rare situations involving newly discovered fraud, but courts set a high bar for these claims.