Probating Wills: What should you know?

Posted:  Friday, August 10, 2018 - 7:30am
Share: 

Story Location:
66 Elm St.
Camden  Maine  04843
United States

Probating a Will in Maine: Facts you should know

Must the Attorney Who Drafted the Will Also Be the One Who Probates the Will? 

No. As the proponent of the Last Will and Testament, or at least, a document purported to be the Last Will and Testament of the Deceased, you are free to hire any lawyer you choose.

What if There Are Multiple Wills?

If there are multiple documents purported to be the Last Will and Testament of the Deceased, the Court will decide which one is the legitimate Will. There are rules and also arguments that can be made to persuade the Court. Wills & Probate Attorneys in Camden Maine are aware of the law regarding this issue and can advise you about your chances of succeeding in Probate.

What if There is No Will?

If there is no Will, and property needs to be transferred out of the name of the deceased there is a legal proceeding for this also. It is called Administration of the Estate. A Wills & Probate Attorneys in Camden Maine can represent you in an Estate Administration proceeding.

What If I Disagree with the Will?

If you think that a Will is not valid for any reason, you may have a claim to Contest the Will. If you have standing to bring this kind of action, or law suit, and you win the case, the document which is being offered as the Last Will and Testament of the deceased will not be followed. A Will which is successfully contested cannot be used to divide the property of the estate. There are specific grounds for a law suit contesting a will. Like any rules of law, these grounds may appear simple and easy to understand. But, they are subject to the interpretation of the Courts and may not be as simple as they first appear. It is important to note, that just like any other kind of lawsuit, a Will Contest is subject to the statute of limitations. If you believe you may have a claim to contest a Will, you should not wait to bring suit. How do I contest a will? Contesting a will involves bringing a law suit in time. Just like any other lawsuit, there are rules about who can bring such a suit, and what must be proved. However, if the law suit to contest a will is not commenced within the time allowed, even a good claim will not be heard by the Court.

For More information on Will contests and Probate Administration: visit our website at penbaylaw.com or call us for an appointment at 207-236-4888

And remember...

Don’t leave your family’s plans in someone else’s hands.™