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
- Contesting a Will (Caveat Proceeding) - People's Law Library
- Contesting a Maryland Will | Processes and Procedures
- Preventing a Will Contest - Elder Law Answers
- What to Do When You're Left Out of a Will - Investopedia
Preventing a Will Contest - Elder Law Answers
- Make sure your will is properly executed
- Explain your decision
- Use a no-contest clause
- Prove competency
- Video record the will signing
- Remove the appearance of undue influence