Contested Estates

Let's Talk about Contested Estates.......
By Alan Orlowsky

A Will Contest, in the law of property is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the part who made the will). This can include things like the home, the personal belongings, checking and savings account, and other remaining assets. Unfortunately, Family disputed sometimes occur, but a will can always be challenged in court.
Additionally, contested estates are often a a lengthy process to overturn and in the wrong hands the process can be very expensive.

Michael Green's mother died in February of 2012, he was shocked to discover she had left her $600,000 home, all the contents within the house, the checking and savings account, and overall 80% of the total assets to his sister Beth. Michael's own grown daughter was completely left out of the will. "This came totally out of the blue, and we still don't know the motivation behind the slight," says Fran Green, Michael's wife of 25 years. "Michael feels completely helpless and we just don't know why."

But is he?

The answer is No! I regularly take calls from people who feel dissatisfied about a departed loved one's will and want to know about filling a challenge. With the aging Baby Boomer population more and more wills are being contested because they are not current, or done incorrectly.

The four most common grounds for contesting a will or trust are the following:

1) Under Influence. One child exerts under influence on a parent in order to take a bigger share of the estate For example, a son threatens to put his mother in a nursing home unless she leaves a bigger share of the estate to him.

2) Incompetence. The person making the will or trust was not of sound mine, or did not understand the meaning of the document, then its validity is questionable. This was the reason why Michael and Fran had a case. It was later determined Michael's Mother was not of sounds mind when the will was modified leaving the majority of the assets to his sister. The Estate was successfully contested, and divided up accordingly.

3) Fraud. If a person makes a will or trust based on lies or deceptions, the document is invalid. For

example, a daughter falsely tells her parent that her brother is engaging in criminal activity.

4) Ambiguous language. The meaning of a provision is unclear, or it can be interpreted in different ways.


Orlowsky & Wilson, Ltd. Provides representation if you believe a will or trust should be contested because of one of these factors. We also provide guidance to help you prepare a Will or Trust that is protected by use of No-Contest Provisions. Contact us today or visit out website to learn more.

If you have questions about this post or about a particular legal situation, please contact Alan Orlowsky by calling 847-325-5559.