Disputing a loved one’s will can be challenging, but solutions are within reach.
When families disagree about what’s written in a loved one’s will, a probate lawyer Tacoma WA can help sort things out. These lawyers know the rules for handling wills and can guide families through the complicated process. They figure out if the will is valid, check for any problems, and make sure their clients’ voices are heard. Without a lawyer, it’s easy to get lost in the legal steps and feel overwhelmed by the stress of it all.
Figuring out how to contest a will in probate court starts with knowing why you think the will is unfair. In contesting wills Tacoma WA, people often claim the person who made the will was pressured, tricked, or not in their right mind. Each case needs strong proof and has to follow specific rules and deadlines. That’s where Tacoma probate lawyers come in—they know how to handle these tough situations and help families get through them with less confusion.
Quick Summary:
- A will may be contested if there are concerns about fairness or whether it truly reflects the wishes of the person who wrote it. Common reasons for contesting a will include undue influence, where someone pressures the writer to make changes, or lack of capacity, where the writer didn’t fully understand their decisions. Improper signing can also invalidate a will if it wasn’t signed correctly with the required witnesses. The court will review these issues to determine if the will is valid or should be disputed.
- You may be able to challenge a will if you’re the spouse, child, stepchild, or someone who depended on the deceased. This is especially true if the will seems unfair or doesn’t match what the person wanted. Make sure you fit one of these categories before deciding to take action.
- To contest a will, the first step is figuring out why you believe the will is wrong and talking to a Tacoma probate lawyer. The lawyer will help you gather important evidence, like medical records or witness statements, that support your claim. After collecting this information, the lawyer will file the necessary papers with the court on time and make sure everything is correct. Throughout the process, the lawyer will represent you in court, presenting the evidence and arguing your case. Their support is essential when challenging a will.
- The court will decide if the will is valid after reviewing the evidence. If the will is invalid, it may be changed or dismissed, and the estate will be divided according to an earlier will or state law. Tacoma probate lawyers help you understand the court’s decision and guide you through the next steps.
Why Might a Will Be Contested?
Sometimes, people might challenge a will if they think it’s not fair or that it doesn’t really show what the person who wrote it wanted. This usually happens when there are questions about how the will was made or whether the person who wrote it was tricked or forced into making certain decisions.
Undue Influence
Undue influence is when someone pushes the person writing the will to make decisions that they wouldn’t have made on their own. It’s like when someone uses pressure or trickery to change the will, especially when the person writing it is in a weak or vulnerable position
- What it Looks Like – A family member or caregiver might push the person to change the will, maybe by telling them to leave all the money to them instead of other family members. This can happen when the person writing the will is sick, elderly, or depends on others for help.
- How the Court Looks at It – The court will check if there’s proof that the person was forced or tricked into changing the will. Family members or friends might speak up if they saw someone pressuring the testator. If there are sudden or unexpected changes to the will, especially ones that give a lot to just one person, the court will look closely at it.
Lack of Capacity
A person needs to be able to understand what they own, who their family is, and what the will means when they create it. If someone doesn’t fully understand these things, the will might not be valid.
- What it Means – The person who writes the will must know what they have, who they want to give it to, and what it all means. If they have conditions like Alzheimer’s, a serious illness, or are on strong medication, they might not be able to make those decisions clearly.
- How the Court Proves It – Doctors or nurses might give evidence that the person didn’t have the ability to make decisions when they wrote the will. The court will look at medical records and other signs to see if the testator was in a clear state of mind when the will was made.
Improper Signing
A will has to be signed properly for it to count as legal. If it’s not signed the right way, the court might not accept it.
- What Needs to Happen – The person writing the will must sign it in front of at least two people who also sign it. If these rules aren’t followed, the will might not be valid.
- What Can Go Wrong – Sometimes people make mistakes and forget to have enough witnesses, or the will might not be signed properly. If someone tries to make a will on their own without help from a lawyer, it’s easy to forget important steps.
- How the Court Handles It – The court will check if the will has been signed in the right way by the correct people. If anything is missing, like signatures or witnesses, the court might not accept the will.
Disagreements about a will often happen when people think the will isn’t fair or doesn’t reflect what the person who wrote it really wanted. Whether it’s because someone was pressured into changing it, they didn’t fully understand what they were doing, or the will wasn’t signed correctly, the court will look into these issues. Understanding why someone might contest a will can help avoid problems and make sure things are handled the right way.
Who Is Eligible in Contesting Will?
If you think a will is unfair or doesn’t reflect the true wishes of the person who passed away, you might want to challenge it. But first, it’s important to know who can actually do this. There are certain people who are allowed by law to contest a will, and it’s good to know if you fall into one of these categories.
- Husband or Wife of the Person Who Passed Away – If you were married to the person who passed away, you can challenge the will if you think it’s unfair. Spouses often have a right to part of the estate, and if the will doesn’t give them enough or leaves them out completely, they may have a reason to contest it.
- Partner Who Lived with the Person – If you lived with the person and were in a long-term relationship, even if you weren’t married, you might still have the right to challenge the will. This applies to couples who were not legally married but lived together like a married couple.
- Someone Who Was Dependent on the Person – If you depended on the person who passed away for financial support, like a child or other family member, you may have a reason to challenge the will. This is especially true if the will didn’t provide for you when you were relying on the person for help.
- Child of the Person Who Passed Away – If you were the child of the person who passed away, you can challenge the will if you were left out or didn’t get a fair share. Sometimes, parents leave children out of the will, and if that happens, the child may be able to contest it.
- Stepchild of the Person Who Passed Away – Stepchildren can challenge a will, but it’s a little more complicated. If you were not adopted but were treated like a child by the person who passed away, you might still be able to challenge the will, especially if you depended on them or were promised something.
- Parent of the Person Who Passed Away – If you were the parent of the person who passed away and they didn’t leave you anything in their will, you might have the right to challenge it. This is usually more common when there’s no spouse or children to inherit, and the parent feels left out.
In short, whether or not you can challenge a will depends on your relationship to the person who passed away. If you fall into one of these categories, you might have the right to contest the will. It’s important to know the rules and talk to a lawyer to make sure you have a valid reason to challenge the will.
Steps to Contest a Will in Probate Court: How Tacoma Probate Lawyers Help
Contesting a will means challenging whether it’s valid in court. If you think a will isn’t fair or doesn’t reflect the true wishes of the person who passed away, you might want to contest it. Here’s an easy-to-understand guide on the steps involved, with a focus on how a Tacoma probate lawyer can help you through the process.
First Meeting with a Tacoma Probate Lawyer
The first thing you should do is meet with a lawyer who is knowledgeable in will contests. This is when you explain why you think the will might not be right. You’ll talk about things like what happened when the will was made, any unusual situations, and your relationship with the person who made the will. This is a chance for you to share everything you know.
Finding the Right Evidence:
During this meeting, the lawyer will help you figure out what evidence you might need. Evidence could be old versions of the will, emails, or letters that show what the person really wanted. They might also suggest looking at medical records to see if the person was in poor health when they made the will.
Filing a Petition to Contest the Will
To contest a will, you need to file a petition in court. In Washington State, you have a few months to do this, usually within four months after the will is admitted to probate. If you wait too long, the court might not let you contest the will. You’ll need to explain clearly why you think the will isn’t valid, like if it was made under pressure or if the person didn’t have the mental ability to make decisions.
How the Lawyer Helps:
Your lawyer will help you fill out the paperwork and file it with the court. They’ll make sure everything is done correctly and on time. This is important, as missing a step could make the whole process more complicated.
Gathering Evidence
When you challenge a will, you need strong proof to show why it’s not fair or valid. Some examples of this proof are witness statements, medical records, or older versions of the will that might show different intentions.
- Witness Statements: People who knew the person who made the will can testify. They can say if the person was under pressure or if they seemed confused when signing the will.
- Medical Records: If the person who made the will had health problems, like memory loss or mental issues, their medical records can show that they might not have been able to make clear decisions. These records can help prove that the person wasn’t fully able to understand what they were doing when writing the will.
- Old Wills: If there were previous wills, they might show what the person originally wanted. If the new will changes things a lot, it could be a sign that something went wrong.
How the Lawyer Helps Collect Evidence:
Your lawyer will help gather all this evidence. They might interview witnesses, get medical records, and make sure all your evidence is well-organized. This will help make your case stronger when you go to court.
Going to Court
Once you’ve filed your petition, the court will schedule hearings. In these hearings, both sides will argue their case. You’ll present your evidence, and those defending the will will present theirs. The judge will listen to both sides and make a decision. Sometimes, there are several hearings before a final decision is made.
How the Lawyer Represents You:
Your lawyer will stand by your side in court. They’ll present your evidence, ask questions, and argue why the will should be changed or thrown out. The lawyer is there to make sure your side is heard and to fight for what you believe is right.
Possible Results of a Will Contest
Once the court has reviewed everything, they will decide what should happen to the will. They might accept it, change parts of it, or reject it entirely based on the evidence.
- Will Stands: If the court agrees the will is valid, everything in it will be followed. The estate will be divided the way the person who made the will wanted.
- Changes to the Will: If the court finds some problems with the will but doesn’t think it should be completely thrown out, they might fix parts of it. This helps make the will fairer for everyone.
- Will Is Rejected: If the court finds the will was made unfairly or the person wasn’t able to make decisions, the court might dismiss the will. If this happens, the estate will be divided according to an earlier will or, if there’s no valid will, according to state laws.
How Probate Lawyers Help:
Probate lawyers help you understand the court’s decision, whether the will is kept as is or changed. They explain what the outcome means for you and guide you on what to do next. They also make sure the estate is divided according to the court’s decision.
Contesting a will is a complicated process, but it’s possible if you think the will isn’t fair. A Tacoma probate lawyer can help you every step of the way, from filing the petition to going to court. They’ll make sure everything is done correctly and help you gather the evidence needed to support your case. With a good lawyer by your side, you’ll have the best chance of getting the outcome you want.
Contesting a Will in Tacoma, WA: Seeking Justice and Protecting Your Rights
If you think a will isn’t fair or doesn’t follow the person’s true wishes, challenging it can be tricky. The rules around probate law can be complicated, so it’s important to have a good probate lawyer in Tacoma, Washington, to guide you through the process.
At James A. Jones Attorney At Law, our experienced lawyers are here to help you protect your rights in contesting wills in Tacoma, Washington. We understand that dealing with a will dispute can be emotional and complicated, and we’re committed to offering thoughtful and strong legal support.
Don’t let injustice prevail. Contact James A. Jones Attorney At Law today for a free consultation. Our attorneys will evaluate your situation and provide guidance on how to contest a will in probate court.
We also provide legal services in related practice areas, such as estate planning, probate and estate administration, and elder law.