Can a will be contested?

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After the death of a loved one, estate administration is something that needs to be done. Although this is a difficult time for the family and friends of the deceased individual, they can ease their mind knowing that their loved one’s estate is planned for. In their will, they have planned for their estate by designating their possessions to certain beneficiaries. If loved ones are suspicious of the will, they have the right to contest the will. When a will is contested, it must be contested based on a few reasons. If the beneficiary is suspicious due to the deceased’s lack of capacity when creating the will, undue influence, invalid execution of the will or forgery. With these reasons, the beneficiaries can challenge the will to ensure its validity.

What makes a will valid?

In order for a will to be considered valid, it must go through the probate process. During this process, the executor of the will must be in a clear state of mind. They cannot be influenced by another source that is controlling them. The creator of the will should do so at their own accord. They must be in a state of mind that is proven to make reasonable decisions. When they create their will, it must be in written form and signed by them. Two witnesses must be present to see the signing of the will. This is to prove that the individual was at full capacity and created the guidelines in the will due to their own preferences. After the signing is done, the will can be filed and undergo probate.

Can I modify my will?

As life goes on, people are encountered with different circumstances. They may acquire new possessions that they wish to dole out in their will. They may have new members of the family come into their life. This can also lead to a change in their will. These wills can be a work in progress. As new situations arise, they can be modified. Some people choose to change their will after the death of their spouse, the birth of a child, divorce, adoption, remarriage or even changes in financial circumstances.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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