Expert Attorney for Will Contests and Estate Litigation
When do you need a Will contests attorney? You need one when you are in a dispute over a Will or concerned about the validity of a Will. In this situation, contesting a Will can be a complex legal battle that requires experienced legal representation. At The Law Offices of Leo Mikityanskiy, we specialize in Will contests, probate litigation, and estate disputes in Bucks County and Northeast Philadelphia, PA. Our firm provides strategic legal representation to protect your rights before the Register of Wills or in Orphans’ Court.
What Is a Will Contest?
A Will contest occurs when an individual challenges the validity of a Will during probate. To establish a Will’s validity and admitted to probate, the original Will must be filed with the Register of Wills. The original Will is accompanied by a petition for probate and other necessary documents, including notices to beneficiaries. The person objecting to the admission of a Will to probate usually files a caveat, objecting to the Will. The process is not easy to master, so you need the help of a knowledgeable attorney experienced with Will contests.
Reasons for Contesting a Will
- Conflicting Wills – trying to have an earlier Will admitted to probate, despite the existence of a later, valid Will.
- Improper Execution – The Will in general does not meet Pennsylvania’s legal requirements.
- Lost Original Wills – If the original Will is lost but a copy remains, it can be admitted to probate by overcoming the presumption of revocation of the original. You will need the help of a skilled Will dispute lawyer to guide you through the process.
- Wills Executed Under Duress – Wills created in a hospital or nursing home setting may face scrutiny and allegations of undue influence, fraud or duress.
- Holographic Wills – Wills written and signed by the testator without legal assistance often lack the required formalities and the Register of Wills or Orphans’ Court may disregard them.
Disputes over Wills may arise over changes in long-standing testamentary dispositions, disagreements among siblings regarding the distribution of the estate, or challenges to the fairness of the Will’s provisions.
Reasons for Objecting to a Will - Filing a Caveat in Pennsylvania
When someone attempts to probate an earlier Will that may be more favorable to them, objections to a Will can occur. If the Register of Wills is unaware of a later Will, someone may try to admit the earlier version to probate. However, the later Will should be admitted if it is properly prepared, executed, and free from fraud or undue influence.
Caveat Requirements in Pennsylvania
- Must be filed before probate is finalized.
- Requires posting a bond to delay probate beyond 10 days.
Schedule a Consultation with a Will Contest Attorney in Bucks County, PA
We provide experienced legal guidance to clients navigating the complexities of Will contests and probate. Our expertise allows us to assist clients in preparing for potential disputes and ensuring the estate administration process proceeds smoothly.
If you have questions about a Will, probate, estate administration, or contesting a Will, please contact attorney Leonid Mikityanskiy at our Southampton, PA office at 215-357-1400. We provide meticulous legal representation in Will contests and estate litigation throughout Bucks County and Philadelphia, PA.