The true representation of the deceased's intent is what most wills are accepted for.Someone could challenge the will.They could say that the will was obtained using fraud.If someone tells the deceased that their children are dead, then any will that excludes the children might be invalidated as fraudulent.You need to file appropriate documents with the court to defend the will.
Step 1: You can read the petition.
The person challenging the will will file a complaint with the court.After the contestant files the petition, the court should inform the estate's executor and all other interested parties that the will is being challenged.You should get a copy of the petition.You can get a copy at the court where the petition was filed.Depending on your court, the contestant might file an affidavit of objections.The contestant will detail the alleged fraud in the document.
Step 2: The alleged fraud should be identified.
Read the affidavit of objections closely.The alleged fraud should be identified in these documents.There are many different forms of fraud.Someone forged the deceased's signature.There were pages that weren't in the will when it was executed.The person signing the will was tricked into thinking it was something else.The will was drafted in a certain way because of the misinformation given to the deceased.
Step 3: Take a look at the will.
Every page should have the deceased's initials on it.It is not likely that someone slipped sheets into the will if the initials are on every page.Analyze the signature.A handwriting expert can help you compare the signatures on the will and other documents.Any claim that the will was forged can be defeated if the signatures are the same.
Step 4: Talk to the people who watched the execution.
Every will should have at least two people watching it.You need to find them and interview them.The witnesses might have seen the deceased sign his will before he died.It is possible that someone snuck pages into the will or that the deceased didn't know what he or she was signing.The witnesses might have heard about the deceased's gifts to particular people.The evidence would show that the deceased did not operate under any misinformation when they signed their will.
Step 5: The attorney who drafted the will should be interviewed.
An attorney can't reveal their client's confidences.An attorney can testify to the deceased's intentions in a will contest.You should talk to the attorney about why the will was drafted a certain way.The child who was cut out of the will might be the contestant.He or she could argue that they were cut out because someone lied to the deceased and told them that their child was dead.The lawyer who drafted the will needs to know if the deceased was operating under a misimpression.Attorneys may not want to meet with you.You might have to wait for the discovery phase of the lawsuit before requesting a deposition from the attorney.
Step 6: Hire a lawyer to help you.
You should meet with a lawyer to discuss how to defend against the fraud charge.It is possible for a lawyer to give advice on what additional evidence is helpful for your defense.You might have obtained a lawyer to help you administer the estate if you are the executor.Take the copy of the complaint with you to the meeting.If you are a beneficiary of the will, you should get a referral to a lawyer from your local or state bar association.It is advisable to hire a lawyer to represent you in the dispute.It could be hard for you to learn all of the rules on your own.You could lose the case if you make one mistake.You should ask the lawyer how much it would cost to represent you.
Step 7: If you don't respond by the deadline, it's time to check.
You have a limited amount of time to respond to the petition.You should check the court's rules as well as the copy of the petition.You have 30 days, but it may be shorter in your court.
Step 8: Write a response.
You can file an answer, response, objection, or other document on the court.Discuss what you will file with your attorney.You can get a sample of what your attorney will draft for you.You need to respond to the allegations made by the contestant.You should deny that fraud was used to get the will.
Step 9: Affirmative defenses should be raised.
You can raise an affirmative defense in your response.Even if the contestant's fraud allegations are true, you can still get the case dismissed.The contestant does not have standing to bring the challenge.Who might challenge a will should be identified by your state law.In many states, you cannot challenge a will if you are an heir or beneficiary.You can get the petition dismissed if the contestant doesn't qualify.The contestant waited too long.States set deadlines.You have only six months from the day the will was admitted into the court to make a decision.
Step 10: The response should be filed.
You can file your response with the court.If you want to file your papers, you don't have to pay a filing fee.The court clerk can stamp your copies.
Step 11: You can give other parties copies of your response.
You have to give the contestant a copy of your response.You have to check who you give a copy to.You can serve the copy by mailing it first class mail or having someone deliver it.You can have anyone over the age of 18 who is not a party to the case make delivery.
Step 12: In discovery, gather other helpful information.
The dispute should enter a fact finding phase after you respond to the petition.If you ask the other side questions and they answer them under oath, you can supplement the evidence you have.You can use the interrogatories to ask the witnesses about the case.You can get copies of written documents with a request for production.The contestant should give you copies of any documents that show fraud.You can see what proof the contestant has if you request this information.You ask witnesses questions in person and they answer them under oath.The lawyer who drafted the will should be deposed.You should schedule a deposition if the attorney isn't willing to talk to you.
Step 13: There is a motion for summary judgement.
You can file a Motion for Summary Judgement after discovery.If you win the case, that's it.You argue in the motion that you have the right to win based on the law.All of your discovery needs to be reviewed before you bring this motion.It might be difficult to win a case that involves fraud.If there is no evidence that the will was altered, you should bring one.There is a motion for summary judgement.
Step 14: You should organize your evidence.
You need to find evidence that is helpful to your case to prepare for trial.Look for witnesses who can testify that the deceased was not misled into signing a will or that certain facts influenced how the will was written.Make sure your witnesses show up to testify by serving them subpoenas.A subpoena is a legal request to appear in court and testify.You can get blank forms from your court clerk.Also create exhibits.There are helpful documents that can be introduced into evidence.Go through your papers.Important information can be found in the lawyer's notes that show the deceased wasn't operating under any false information when they created their will.An exhibit sticker can be attached to the document to create an exhibit.
Step 15: The contestant's witnesses should be cross-examined.
The witnesses will testify about the fraud.You should have prepared for them.You should be aware of what they will say if you deposed them.If you don't have an attorney, you should handle the questioning yourself.Think about what you want from the witnesses.If the witness has information that is helpful for your defense, you might not ask a lot of hard questions.If the witness claims that someone lied to the deceased or tampered with the will, then you will want to question their credibility.You can impeach a witness by showing bias or pointing out contradictions.Question witnesses can be used for more information.
Step 16: Ask your own witnesses questions.
The witnesses should be called to testify.The will is not fraudulent and the deceased did not draft it because he or she was lied to.
Step 17: You can make a closing argument.
The contestant has to prove that the will was fraudulent by clear and convincing evidence.The judge or jury should be reminded of this standard.If you raise doubts about the existence of fraud, you can win.The judge or jury should be reminded of certain pieces of evidence.You can say, "You heard from Esther Jones, who was the deceased's attorney."She drafted the will.She testified that she was cutting her son out of the will.She was not lied to about her son's death.She didn't want to leave him any money because she knew he was alive.
Step 18: Wait for the verdict.
After closing argument, the judge or jury should return a verdict.The will should be upheld if you win.If the will is invalidated, there will be a prior will or the estate will have to pass without one.You should consider appealing if you lose.You don't have much time to file a notice of appeal, so talk to your attorney about the pros and cons of appealing.