Considerations When Challenging a Will or Trust
When a loved one passes away and you suspect that the will or trust may be invalid or that there may be issues during their administration, it is important to make considerations when challenging a will or trust. This is a significant decision that should not be entered into lightly. A will or trust contest may be costly and time-consuming. Failing to act, however, could cost you all or part of your rightful inheritance.
4 Tips for Consideration When Challenging a Will or Trust
Before proceeding with a will or trust contest, consider the following:
- Rule out other potential solutions to your issues. For example, consider contacting the executor of the will or the trustee of the trust prior to initiating a lawsuit. The executor or trustee may be able to provide clarification or to eliminate the need to pursue formal legal action.
- Before jumping into a trust or will contest, at least consult with an attorney. An experienced and knowledgeable legal professional will help you understand your options. Additionally, they will help decide which may be best for your particular situation. If you decide to pursue a lawsuit, your attorney will play an important role. This includes ensuring that you do not miss important deadlines when pursuing legal action.
- Attempt to cooperate with the other parties involved rather than appearing hostile. This means that it is often helpful to avoid appearing as though you are issuing threats when sharing that you have spoken with or hired an attorney.
- Consider consulting with an accountant or financial advisor before filing your lawsuit. An accountant or financial advisor can help you get a better understanding of how the money in the estate or trust is being handled and whether or not it is worth pursuing further.
Some people are under the mistaken impression that they have no ability to challenge a will or trust if there is a no-contest clause. This is not true, however. To learn more about the ins and outs of pursuing a will or trust challenge, we encourage you to check out our free guide, Winning the Inheritance Battle.