Contested Wills in Hagerstown, Maryland

Find the right Contested Wills attorney in Hagerstown, MD

In Hagerstown, Maryland there are specific procedures authorizing certain people to challenge the validity of a will. This is identified as a "will contest" or "contested will."

Occasionally, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a considerable amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

Nonetheless, this is a matter that should not be approached lightly - will contests can frequently foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Hagerstown, Maryland?

Courts in Hagerstown, Maryland will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If a Hagerstown, Maryland will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Hagerstown, Maryland Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reliable lawyer in Hagerstown, Maryland can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Hagerstown

Hagerstown is the county seat of Washington County, located in the state of Maryland. It was founded in 1762 and has a population of about 40,000. It is the sixth largest city in the state and the largest city in the area known as Western Maryland. It is considered to be the industrial and commercial center of the greater Tri-State area, and is therefore locally known as "The Hub City".

Hagerstown received its reputation as a commercial nexus due to its heritage in the transportation industry, namely the railroad and airport industries. As a result today the city has several museums commemorating its rich beginnings, including the Train Museum. The city continues to promote development with the Neighborhoods 1st Program. The program encourages community improvement through participation in local government and planning.

Many unique events draw visitors and tourists throughout the year. For example, the city hosts fairs like Market in the Square, Colonial Family Fun Day, and Augustoberfest. Downtown Hagerstown is an ideal place for shopping, retail and recreation. It is also an excellent site to start a career, as many companies have made their home in the city.

Lawyers in Hagerstown typically practice in a wide range of legal fields and some specialize in particular areas of law. Hagerstown, Maryland lawyers usually file their claims at the Washington County District Court located in Hagerstown.

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