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What document is required to contest a Will. Do I need a lawyer; if so do you know any Pro Bono lawyers

This legal question related to probate law attorneys in Maryland has been answered.

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Location: Maryland  |  Law type: probate law attorneys Commented 3x
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My wife passed and we both were legal advised that since I was her spouse and would handle the affairs after her death (she had a terminal illness) there was no need for a Will. I've not learned that my stepdaughter filed a Will after my wife's death.  What can I do to stop the Will proceedings, contest the Will?

File a petition to caveat

If you want to contest a Will in Maryland, you will need to file a petition to caveat with the register of wills in the county where the deceased person lived. Along with the petition, you will need to submit certain documents, including a copy of the death certificate and the last Will and Testament of the deceased person. Once the register of wills accepts your petition, they will notify all interested parties, including the executor of the estate. If the executor does not object to your contest within 30 days, then the court will set a hearing date. At the hearing, you will need to present evidence to support your claim that the Will is invalid. If the court finds in your favor, then the Will will be declared null and void.

Related links and content

Preventing a Will Contest - Elder Law Answers

  1. Make sure your will is properly executed
  2. Explain your decision
  3. Use a no-contest clause
  4. Prove competency
  5. Video record the will signing
  6. Remove the appearance of undue influence

Commonly posted questions...

Photograph 1: A warm and inviting office with sunlight streaming through a window onto a polished desk. An affidavit of death is prominently displayed alongside family photographs, symbolizing continuity and respect. A lush plant adds a touch of life to the scene. Photograph 2: A collaborative and bright meeting room where a diverse team (a Caucasian woman and an Asian man) are amiably discussing estate planning. The desk holds legal documents, including an affidavit of death, property titles, and a digital Spouse passed away can I use affidavit of death form instead of going thru courts
3 weeks 2 days ago, probate law attorneys, Lubbock, Texas
Photo of a formal living room in a residence with a framed Last Will and Testament on the wall. A golden pen and a deed paper are placed on a wooden table. The deed has a name section left blank, symbolizing the husband's absence from it. In the background, there's a subtle silhouette of Pittsburgh's skyline. The atmosphere is serious, highlighting the potential legal complications that may arise when willing property to a spouse not named on the deed. In my Last Will and Testament I am planning to leave my home/residence to my husband; however, his name is not on the deed. Potentially, could this be a problem for him? If so, please explain all the ramifications.
1 month ago, probate law attorneys, Pittsburg

Legal Solution

The response provided below is specific to probate law attorneys in the jurisdiction of Maryland. If the response is inadequate, please submit a detailed inquiry.

Contesting a Will in Maryland: Rights of the Surviving Spouse

Understanding the Context:
It's quite unfortunate that you find yourself in this situation. In Maryland, when a spouse dies without a Will, the surviving spouse typically has rights to a significant portion, if not all, of the estate. However, when a Will is introduced, it may dictate otherwise. It's crucial to understand whether the Will your stepdaughter filed is valid and, if so, how you can contest it to assert your rights.

Relevant Maryland Statutes:

Contesting the Will:

  1. File a Caveat: Begin by filing a caveat with the probate court where the Will is being probated. This action will challenge the validity of the Will and halt the probate process temporarily.

  2. Determine the Validity: You must have grounds to contest. Typically, this would be based on concerns about the Will's authenticity, whether your wife was under duress or undue influence, or if she lacked the mental capacity to make a Will.

  3. Seek Legal Assistance: This process can be complex, and it's highly advised to find the right lawyer who specializes in wills and probate to guide you. There are probate lawyers with expertise in Maryland's specific laws that can assist you.

Pricing in Maryland:

Service Average Cost
Initial Consultation $250 - $500
Drafting a Will $500 - $1,500
Probate Administration (Uncontested) $2,000 - $5,000
Will Contest $5,000 - $15,000+

Maryland's legal fees can vary widely based on the complexity of the case and the expertise of the attorney. It's essential to compare lawyers in your area to understand the best value for your situation.

Seeking Further Clarification:

It's essential to provide more details about the situation. Was there a reason your wife chose not to draft a Will? Are there any witnesses or evidence that might support your claim?

Engage with Professionals:
Engaging with a skilled lawyer can provide clarity. Do not hesitate to ask a free legal question to understand your position better.

Relevant Questions to Answer:

  • Did your wife ever express any intentions regarding her assets verbally or in writing?
  • Were there witnesses present when your stepdaughter filed the Will?
  • Are you aware of any factors or individuals that might have influenced your wife when the Will was supposedly drafted?

Q1: What happens if I don't contest the Will?

If you choose not to contest, the Will is considered valid, and assets will be distributed according to its terms.

Q2: How long do I have to contest the Will?

In Maryland, you typically have six months from the date the Will is admitted to probate. However, it's best to act promptly.

Q3: Can other family members join me in contesting the Will?

Yes, other interested parties can join in the contest if they believe they've been adversely affected by the Will's terms.

Q4: What if the Will was written under undue influence or duress?

Wills written under undue influence or duress can be invalidated. However, you will need evidence to prove this claim in court.

Q5: Can I mediate or arbitrate this dispute outside of court?

Yes, many families choose mediation or arbitration to settle Will disputes. Maryland has skilled arbitration and mediation attorneys to help in such cases.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What document is required to contest a Will. Do I need a lawyer; if so do you know any Pro Bono lawyers" has been changed 2 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Maryland & area of law: probate law attorneys.
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Last answer by Customer  |  Written  1 year 2 months ago
Written by Lorraine Williams (review) Mon, 09/12/2022 - 12:41 Where can I locate a Pro BoNo lawyer to help me contest a Will my stepdaughter filed for my deceased wife at the Register of Will LaPlata, MD…
Last answer by Lorraine Williams (review)  |  Written  1 year 2 months ago
Written by Lorraine Williams (review) Mon, 09/12/2022 - 12:41 Where can I locate a Pro BoNo lawyer to help me contest a Will my stepdaughter filed for my deceased wife at the Register of Will LaPlata, MD…

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Comments: answer this question

"What document is required to contest a Will. Do I need a lawyer; if so do you know any Pro Bono lawyers"

Maryland probate law attorneys

Written by Lorraine Williams (review)
Mon, 09/12/2022 - 12:41

Where can I locate a Pro BoNo lawyer to help me contest a Will my stepdaughter filed for my deceased wife at the Register of Will LaPlata, MD

Written by Lorraine Williams (review)
Mon, 09/12/2022 - 12:45

My wife had a terminal illness and passed.  We were advised prior to her death that no Will was necessary since I would be handling her affairs after her passing.  Besides, we had no real property (land, house, etc.)

After my wife passing I learned that my stepdaughter filed a Will at LaPlata MD Register of Wills Office.  How can I contest the Will and do I need a lawyer to do so.  If so, could you provide me the name of a lawyer to handle my case?

If you are having legal problems, you can get free legal assistance from lawyers in your area. We assist you to find and compare law firms in your area by clients' reviews, prices (legal fees), and other parameters. You can ask a legal question or find an attorney.

Written by Counselor
Mon, 09/12/2022 - 12:58

File a petition to caveat

If you want to contest a Will in Maryland, you will need to file a petition to caveat with the register of wills in the county where the deceased person lived. Along with the petition, you will need to submit certain documents, including a copy of the death certificate and the last Will and Testament of the deceased person. Once the register of wills accepts your petition, they will notify all interested parties, including the executor of the estate. If the executor does not object to your contest within 30 days, then the court will set a hearing date. At the hearing, you will need to present evidence to support your claim that the Will is invalid. If the court finds in your favor, then the Will will be declared null and void.

You can try Pro Bono Portal - Maryland Volunteer Lawyers Service or Pro Bono Resource Center of Maryland...

Related links and content

Preventing a Will Contest - Elder Law Answers

  1. Make sure your will is properly executed
  2. Explain your decision
  3. Use a no-contest clause
  4. Prove competency
  5. Video record the will signing
  6. Remove the appearance of undue influence
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