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Contesting a Will - When it Makes Sense

There are times when a person passes away and leaves behind a will that may surprise (or even shock) the survivors because of who is chosen to receive the assets.

If you've been left out of a will or feel the terms of a will are unfair, there are certain instances when it may be worth challenging the validity of the will in court, such as when:

  • Your loved one didn't seem mentally fit shortly before death but signed or made changes to his or her will during that time frame
  • A lawyer didn't assist in drafting or executing the will (this can increase the chances that the will doesn't conform with state laws). 
  • The will wasn't signed by your loved one or the signature on the document does not appear to be that of your loved one.
  • Undue influence led to changes in the will. This is sometimes seen when caregivers push for changes that benefit them. 
  • There are inconsistencies between beneficiary designations of the will and other aspects of your loved one's estate (life insurance policies, retirement accounts, etc.)
  • You were excluded accidentally. This can occur when a parent names all of your siblings in the will, but the will was drafted prior to your birth.
If you are unsure about the validity of a will or feel it's unfair, contact the Law Office of William J. Luse (843-839-4795) to discuss your situation. These issues are far too complex to try to handle on your own, and the stakes are too high


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