What do I do if my mother's will looks invalid due to a number of discrepancies?
When a person dies and leaves a will, part of the objective of the probate process is to determine the validity of the will. This means that the courts must do all they can to ensure that the will is valid and usable. There are certain criteria that can invalidate the will, such as:
Fraud: This would immediately invalidate the will if proven and can cause lengthy delays in probate if someone contests a will on the grounds of fraud.
Not up-to-date: If it is thought that the will may be an old copy, then this can invalidate it.
Decedent was not of sound mind: If there is reason to believe that the decedent was not of sound mind when he wrote the will, it may be invalid.
Will written under influence from another: if there is reason to believe that the will was written under pressure and influence from another party, it may be invalid.
Will was not properly witnessed: If there is reason to believe that the will was not legally or properly witnessed or that the witness signatures are fraudulent, the will may be invalid.
Upon the death of a person, the proponent (the person wanting to get the will accepted) has to file it with the courts along with evidence relating to the validity of the will (this will be dependant upon state law and the nature of the will). A copy of the will must also go to all people that would have been beneficiaries under state law in the event that there was no will.
If, for any reason, you feel that the will is suspicious then you should contest the validity of the will through the proper channels, which means through the probate courts. You must be a person that has or would have had a valid stake in the estate of the decedent in order to do this. The contesting of the will must also be based upon solid discrepancies rather than on your own personal opinions on what should have gone to whom.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]