Defending a Will?
York, PA
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Posted about 1 month ago in Litigation
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I just received a petition to throw out a will made by my step-father. I'm named in the will, what do I do, It says I need to answer by Oct. 28th. I don't believe the Will should be thrown out, but I don't know who or what type of lawyer to contact.
Answers (1)Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted about 1 month ago.
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Will contests are a particularly nasty piece of litigation.
In order to invalidate a will, the petitioners must prove that the testator was not of sound mind when the will was made. It is a very heavy burden to prove. And, in most states, there is a higher standard of proof that is required than in general litigation such as a personal injury case. So, generally speaking, the other side is pushing a rock up hill and you can hold them to their proof. However, you will need an attorney experienced in this area. Call the county or state bar association and ask them if they can reccomend an attorney who has handled such cases. See if you can get free consultations with a couple of them and ask them about similar cases they have handled. I like it when potential clints ask me this because I've reached the point in my career where I can tell "war stories" about my past cases, and also, tell them truthfully if I do not want their case, but to keep me in mind for any future legal needs. Then, I see if I can find a referral to someone I know with expertise. Finally, do not miss that deadline. File an answer before then. This answer is provided for informational purposes only. True legal advice can only be provided by an attorney licensed in your jurisdiction with experience in the area in which your concern lies in an office consultation. |