Generally, once the probate judge allows the will the statutory period to contest the will has ended. However, you should check the laws of your state.
No not every estate needs one. If the size of the estate is very modest and no one will contest it because it it straightforward then the matter can be handled in probate court where the judge will finalize matter. However if the terms are extensive and can be challenged by someone then by all means get an attorney. He may save you years of legal nightmare.
In most states a surviving spouse cannot be disinherited and can claim a share of the estate under the doctrine of spousal election. Generally, it is much simpler than a will contest and only requires the filing of the claim with the probate court. You should consult with an attorney who specializes in probate law in your area who could review your situation and inform you of your rights and options under your state laws.
Not normally. If they are named in the will, they can contest it.
No, a no contest plea cannot be appealed, unless you can show some kind of coercion to making the plea. It is similar to a guilty plea.
The basic procedure is printed on the ticket.
Legally you have six months from the date of grant of representation (probate) to contest a Will in England.
Yes, children can contest a will. As a natural heir, they have standing to contest the document. This would be a real good time to consult an attorney that specializes in probate.
Yes, you can bring a civil action regarding a probate issue. This is often done to contest a will or hold an executor accountable.
In North Carolina, there is an official hollerin' contest at Spivey's Corners.
If you wish to contest a will by making a claim under the Inheritance (Provision for Family and Dependents) Act 1975, by arguing that inadequate provision has been made for you in the will, this claim must be brought within 6 months of probate being granted. Alternatively, should you wish to contest a will on the grounds that you believe the will to be invalid you can contest at any time - however, the later you leave it the more likely it is that the assets will have been distributed making claiming anything back more difficult. In fact, most solicitors would advise that it would not be possible to contest a will after 6 months from the grant of probate.
You can contest the will if there is one. You will need to consult a probate attorney for your options in your jurisdiction.
Yes, there is a time limit which varies from state to state.
Grant Mies
AnswerIf you "won" his small estate in probate court then that court rendered a decision and it's too late for someone to contest it. Also, in the US, a sister-in-law is not an heir-at-law. You need to provide more explicit details.
In Canada, one has 6 months from the date that probate was granted in court to contest or apply to vary the will. Generally, you should check the return date in the notice you receive. It will state the date on which a hearing will be scheduled and at which you can make your objection.
If you wish to contest a will by making a claim under the Inheritance (Provision for Family and Dependents) Act 1975, by arguing that inadequate provision has been made for you in the will, this claim must be brought within 6 months of probate being granted. Alternatively, should you wish to contest a will on the grounds that you believe the will to be invalid you can contest at any time - however, the later you leave it the more likely it is that the assets will have been distributed making claiming anything back more difficult. In fact, most solicitors would advise that it would not be possible to contest a will after 6 months from the grant of probate.
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.