How To Contest A Will

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When a loved one has passed, a will helps ensure that your belongings and property are passed down as they prefer, and an attorney like Luschas, Naparsteck, and Crane, LLP, can help you draft the necessary documents to ensure that your wishes are honored.

For a Will to Be Valid, a Number of Requirements Must Be Met

Under 20 Pa.C.S. § 2502, it is essential that a will meet certain requirements known as proper formalities. These proper formalities are what determine whether a will is considered valid under Pennsylvania law. The testator must sign the will, and when doing so, they must be of sound mind and understand what they are signing and to whom they are designating their property.

For a will to be proper in PA:

  • It must be signed by the testator
  • It must be free of challengeable factors

Many Factors Allow for a Will to Be Challenged

Should you have a contest to a will in Pennsylvania, it is important that you challenge the will within the allowable period. According to 20 Pa.C.S.A. 908, generally, you have up to one year to appeal the probate of a will. It is important that you challenge the will during this time to not miss your opportunity. Consult with a family law attorney with probate law experiences like Luschas, Naparsteck, and Crane, to determine when the statute of limitations on your will began and to get moving on your case in time.

An Estate-Planning Attorney Can Help You Contest a Will

Planning the passage of property and belongings following the passing of a loved one can be a very stressful experience and more emotional than you might like. To enlist the assistance of a professional and take it out of your hands, contact us now.

FAQ

What is a will?

A will is a document that determines how your property passes down.

Can I just write my own?

Wills must meet certain requirements of which an attorney can advise you.

What if a will is not properly executed?

If a will is not proper, the state has laws which decide how to distribute the assets.

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