What You Should Do If Your Parent's Will Is Being Contested

Posted on: 3 January 2022


If your parent has recently passed away, and if they left behind a will when they passed, you might think that handling the next steps will be pretty simple and straightforward. Now, though, your parent's will might have been contested by someone else, such as an ex-spouse or one of your siblings. If this has happened, then you could be wondering what you can and should do next. These are the top things that you should know and do if you've found yourself dealing with this.

Avoid Spending Money or Selling Anything

First of all, if your parent left their money and property to you in their will, you might think that the money is yours to freely spend or that the property is yours to freely sell. However, if your parent's will is being contested, it's usually a good idea to avoid spending money or selling any of your parent's belongings until the matter has been resolved. If you do want to spend some of the money or sell something that you believe was rightly willed to you, you should talk to your lawyer before doing so. Then, you can make sure that you aren't breaking any laws or doing anything to jeopardize your case.

Hire a Lawyer Immediately

You can go to court to fight the contested will on your own, but you probably will not want to. Laws related to wills can be very confusing and complicated. If you don't handle the situation like you're supposed to, you risk the possibility of the person who is contesting the will winning the case, which means that they might end up receiving the estate that was rightfully willed to you. There are lawyers out there who help people with contested will situations every day, though. If you find one of these lawyers, they can explain what you're facing now that someone has contested your parent's will, and they can work on your case.

Give Your Lawyer All the Information You Have

Make sure that you provide your lawyer with the original will that your parent made. If you have any other evidence that might help you in your case, you should provide it as well. For example, if you and your parent sent emails back and forth to one another to talk about their estate, then you will definitely want to print them and give them to your lawyer or forward them to your lawyer.

You might already be dealing with a tough situation due to the loss of your parent, and now that you're dealing with someone contesting your parent's will, you might be feeling more stressed out and upset than ever. If you remember these simple things, though, you should be able to handle the contested will situation in the best way possible.

Call a lawyer in your area if you need help with a contested will