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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

Location: Maryland  |  Law type: probate law attorneys Commented 3x

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
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 written 8 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. Latest answer commented 8 months 2 weeks ago.
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Last answer by Customer  |  Written  8 months 2 weeks 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  8 months 2 weeks 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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