Updated: Jan 26
Contesting a Will Process
There are instances where family members would want to contest a will. Most of the time, these are those family members who are left with nothing and thinks that it is unfair. They aim to make sure that even though they are not on the will, they want all assets shared equally to make sure each one would have his share. Just like the probate process, you also have to follow a process for contesting a will in Fort Worth. Read our previous content on How to Find a Very Good and Reliable Probate Lawyer as it also helps you with this process.
You can't just jump into doing the action of contesting a will. You first need to make sure you do your research and investigate. You have to read the will and understand every part of it. You need to make sure you understand the details of the assets and liabilities of the property in Fort Worth and see if it has already been processed or granted.
This is the investigation stage. You have to send a letter to the executor to inquire or request information on the estate. One of the most common reason stated on this letter is to check if he would like to discuss early settlement.
There are only 2 outcomes on this stage which is 1. you indeed have a claim or 2. no offers to settle and the next step would be necessary.
Obtaining a statement in Fort Worth will be necessary at this stage or an affidavit. During this time, you will be digging on to your relationship with the decedent and you financial as well as health condition as well as your spouse's and your dependents.
Then court process would start in Fort Worth. Summon will then be filed which is a document that advises your court about your claim.
The last step would be to attend mediation. This is when you will know which claims are settled if any. This will be done with your solicitor and barrister, executor the same as the other party. This is the stage where you haggle on the properties.
It can differ in every state and it's necessary to research which process your state follows.
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