Contested Wills in Cumberland, Maryland

Find the right Contested Wills attorney in Cumberland, MD

In Cumberland, Maryland there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

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

If a large 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.

However, this is a matter that should not be approached lightly - will contests can often 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 Cumberland, Maryland?

A court in Cumberland, Maryland will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Cumberland, Maryland, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Cumberland, Maryland Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Cumberland, Maryland wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Cumberland

Located in the far western corner of Maryland, Cumberland is a small city full of big charm. Cumberland boasts a population of just under 22,000 inhabitants and is located 130 miles from the state capital of Baltimore. Mountains, heavy rainfall, and snow make for four lovely seasons in Cumberland.

On the top of the list for visitors to Cumberland: George Washington Headquarters, a famous location that the city boasts the first president of the United States actually slept. In addition to Washington's sleeping quarters, there are many other historically interesting sites to be explored by visitors and residents alike. Whether looking for an outdoor or indoor activity, Cumberland has it all for those who visit.

There are five local schools in Cumberland. There are also many talented lawyers in Cumberland, Maryland that have years of experience in helping their local clients meet their legal needs. Cumberland lawyers are talented and have practice ranges as broad as the many issues their clients face. Cumberland lawyers are happy to use their legal knowledge to help their clients win their case. Cumberland is a great place to live, visit, and to find a great lawyer.

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