The death of a parent is a difficult time, and discovering a Will that seemingly favors your sibling can add a layer of emotional and financial stress. If you suspect your parent’s Will wasn’t created under fair circumstances or contradicts your expectations, you might consider challenging it. The Law Offices of Thomas Stahl, an award-winning Maryland law firm specializing in estate litigation, understands this sensitive situation. This article will guide you through the process of contesting a Will in Maryland and offer insights on selecting the right lawyer to represent you.
Grounds for Contesting a Will in Maryland
Maryland law allows you to challenge a Will (also known as a caveat proceeding) if you believe it’s invalid. Here are some common grounds for contesting a Will:
- Lack of Testamentary Capacity: The deceased lacked the mental ability to understand the nature of the Will, the extent of their property, or who their beneficiaries were.
- Undue Influence: Someone pressured or coerced your parent into leaving them a greater share of the estate. This coercion could be emotional, physical, or financial.
- Fraud: The Will contains false information or was created through deception. For example, someone might have forged a signature or manipulated the Will’s content.
- Improper Execution: The Will wasn’t signed and witnessed according to Maryland’s legal requirements.
Important Considerations Before Taking Action
Before initiating a contest, it’s crucial to carefully consider the following:
- Time Limit: Maryland has a strict six-month statute of limitations for contesting a Will. This means you have six months from the date the personal representative is appointed to file your petition.
- Financial Resources: Estate litigation can be expensive. Consider the estimated costs of legal representation and potential court fees before proceeding.
- Family Dynamics: Contesting a will can strain family relationships. Weigh the potential emotional consequences before taking legal action.
The Challenge Process: A Simple Breakdown
If you decide to contest the Will, here’s a simplified overview of the process:
- Gather Evidence: Collect documents and witness testimonies to support your claim. This might include medical records, financial statements, or communication records that show your parent was pressured or lacked capacity.
- Consult a Lawyer: Find an experienced estate litigation attorney who can advise you on the specifics of your case and the likelihood of success.
- File a Petition: Your lawyer will draft and file a petition with the Orphans’ Court, which handles probate matters in Maryland.
- Discovery Phase: Both parties exchange information and evidence to build their cases.
- Settlement or Trial: Sometimes, reaching a settlement agreement outside of court is possible. If not, the case will go to trial before a judge.
- Court Decision: The judge will rule on the validity of the Will.
Finding the Right Lawyer: Qualities to Consider
Choosing the right lawyer is critical for a successful outcome. Here are some qualities to look for in a Maryland estate litigation attorney:
- Knowledge of Maryland Law: Ensure your lawyer has in-depth knowledge of Maryland’s probate laws and contest procedures.
- Communication Skills: Choose a lawyer who can clearly explain legal matters and keep you informed throughout the process.
- Compassion and Understanding: Estate litigation can be stressful. Opt for a lawyer who is sensitive to your situation and offers emotional support.
Preparing for Your Lawyer Consultation
To maximize your initial consultation with an estate litigation attorney, come prepared with the following:
- A copy of your parent’s Will.
- Any evidence that supports your claim, such as medical records or witness statements.
- A list of questions you have for the lawyer. This could include potential costs, estimated timelines, and their opinion on the strength of your case.
Remember: The Law Offices of Thomas Stahl is here to help. Our dedicated team of estate litigation attorneys can provide guidance and representation throughout the Will contest process. Contact us today for a confidential consultation.